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

[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

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).

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.

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.

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.

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

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.

An Order has been separately issued in PR777464.

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

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for an order allowing a protected action ballot for certain employees of Jacmor Engineering Proprietary Limited. The AMWU sought to conduct the ballot to facilitate industrial action if necessary. The Commission heard the application and conciliated the matter, resulting in a Consent Order which both parties agreed to without objection. The decision involved determining whether the AMWU had met the legal criteria for holding a protected action ballot, including demonstrating genuine attempts to reach an agreement with the employer.

The primary legal issue before the Commission was whether the AMWU had satisfied the conditions set out in section 443 of the Fair Work Act for a protected action ballot. These conditions include proving that the union has genuinely attempted to reach an agreement with the employer and that there is a notification period for the proposed agreement. The AMWU needed to demonstrate that it had taken sufficient steps to negotiate in good faith and that all procedural requirements were met. The Commission also had to determine the appropriate closing date for the voting period in accordance with section 443(3)(c) of the Act.

The Commission found that the AMWU had genuinely attempted to negotiate with Jacmor and that all the requirements for a protected action ballot were fulfilled. Commissioner Platt was satisfied with the evidence presented by the AMWU, including the declaration from the Industrial Officer, which outlined the union's efforts to reach an agreement. The Commission set the closing date for the ballot at 4 September 2024, which is 30 working days from the making of the Order. The Commission further determined that the ballot period for the purposes of section 448A(2) of the Act would also be established by this date. The matter was referred to another Member of the Commission for a compulsory conciliation conference under section 448A.

An Order was issued in PR777464, and a separate Order was to be issued in PR777465 to require the attendance of all bargaining representatives at a compulsory conciliation conference. Directions were likely to be issued to ensure that the parties were prepared to conduct meaningful negotiations. The conciliation aimed to resolve the dispute and prevent the need for industrial action.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established