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

[2024] FWC 1948

[2024] FWC 1948

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

Jacmor Engineering Proprietary Limited

(B2024/930)

COMMISSIONER PLATT ADELAIDE, 24 JULY 2024

Proposed protected action ballot of employees of Jacmor Engineering Proprietary Limited

1. 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 Jacmor Engineering Proprietary Limited (Jacmor or Employer).

1. At 2.30pm on 24 July 2024, the Commission conciliated the matter. Mr Bonello represented the Applicant and Mr Morris represented the Respondent.   A copy of a proposed Consent Order was distributed to the parties.

1. At a subsequent hearing conducted at 3.00pm on that day, both parties advised that they did not object to a Consent Order being made in the terms proposed.

1. On the basis of the material before me, including the declaration of Stephen Fodrocy, Industrial Officer, 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 it, 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.

1. The ballot is to be conducted by the Australian Electoral Commission.

1. 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 4 September 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR777464.

1. 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 in 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.

COMMISSIONER

[1] This is, in effect, 30 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR777465>