"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Great Western Corporation Pty Ltd T/A Agpoint Australia Summary

[2024] FWC 1652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

Great Western Corporation Pty Ltd T/A Agpoint Australia

(B2024/807)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 24 JUNE 2024

Proposed protected action ballot of employees of Great Western Corporation Pty Ltd trading as Agpoint Australia

This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Great Western Corporation Pty Ltd trading as Agpoint Australia (Agpoint or Employer).

On 24 June 2024, the Commission was advised that the Employer did not object to the Application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Paul Donnell, State Organiser, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Agpoint, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Australian Electoral Commission (AEC).

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 5 August 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR776354.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 30 working days from the making of the Order as required by the AEC and sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), acting on behalf of its members, applied to the Fair Work Commission for a protected action ballot order against Great Western Corporation Pty Ltd trading as Agpoint Australia. The application was made under section 437 of the Fair Work Act 2009, seeking authorisation for a ballot of the employees to potentially take protected industrial action. The employer did not object to the application, leading the Deputy President to decide on the matter based on the provided documentation without a hearing.

The primary legal issue before the Commission was whether the AMWU had fulfilled all the necessary requirements under the Fair Work Act to be granted the protected action ballot order. This included verifying that the union had genuinely attempted to negotiate with the employer and that the conditions for a notification period had been met. The Commission had to assess the declaration provided by the AMWU's State Organiser, Paul Donnell, which outlined the bargaining process and efforts to reach an agreement.

Upon reviewing the documentation, the Deputy President determined that the AMWU had indeed met all the statutory requirements. The union had taken appropriate steps in bargaining with the employer and had been genuinely attempting to reach an agreement. Consequently, the Commission was satisfied that a notification period existed for the proposed agreement. The Deputy President also set the closing date for the voting period as 5 August 2024, which aligns with the requirements of the Act and the Australian Electoral Commission.

An order was issued to conduct the ballot through the Australian Electoral Commission, and a compulsory conciliation conference was scheduled to ensure meaningful negotiations between the parties. The matter was assigned to another member of the Commission, who would issue an order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Great Western Corporation Pty Ltd T/A Agpoint Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established