“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Inghams Enterprises Pty Limited T/A Inghams

[2022] FWC 3152

[2022] FWC 3152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

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

Inghams Enterprises Pty Limited T/A Inghams

(B2022/1765)

COMMISSIONER HUNT BRISBANE, 29 NOVEMBER 2022

Proposed protected action ballot of employees of Inghams Enterprises Pty Limited T/A Inghams

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has made an application under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Inghams Enterprises Pty Limited T/A Inghams (the Respondent). The application was accompanied by a statutory declaration of Mr Daniel Dougherty, Assistant State Secretary.

1. The Respondent raised an objection to the application in respect to the timeframe allowed to conduct the ballot. A hearing by video was listed for 29 November 2022. However, on 28 November 2022, the parties sent correspondence to my chambers confirming a consent position.  The parties consent and I determine it is appropriate for the ballot period to close seven working days after the commencement date.    

1. On the basis of the material before me, including the declaration of Mr Dougherty setting out the steps taken by the AMWU in bargaining with the Respondent and confirming that the AMWU has been, and is, genuinely trying to reach agreement with the Respondent, I am also satisfied there is a notification time in relation to the proposed agreement and the requirements in section 443(1) of the Act have been met.

1. I am satisfied that the AMWU has given notice in accordance with section 440 of the Act.

1. The AMWU also sought that a person other than the Australian Electoral Commission (AEC) be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Democratic Outcomes Pty Ltd trading as CiVS (CiVS). Mr Michael M. Michael, the Managing Director of CiVS has provided a statutory declaration setting out that he would carry out the functions of the protected ballot agent for CiVS, and that he has relevant experience in conducting protected action ballots.

1. I am satisfied that CiVS is a fit and proper person to conduct the ballot. I am also satisfied that Mr Michael and CiVS are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. CiVS has agreed to be the protected action ballot agent and Mr Michael and CiVS are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

1. Therefore, I appoint CiVS as the protected action ballot agent.

1. The Order [PR748375] will be issued concurrently with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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