"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v KONE Elevators Pty Ltd
[2025] FWC 1802
•25 JUNE 2025
| [2025] FWC 1802 |
| 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
KONE Elevators Pty Ltd
(B2025/968)
| COMMISSIONER LEE | MELBOURNE, 25 JUNE 2025 |
Proposed protected action ballot of employees of KONE Elevators Pty Ltd
This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (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 KONE Elevators Pty Ltd (KONE Elevators or Employer).
I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia acting through its Electrical, Energy and Services Division (ETU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]
On 23 June 2025, the Commission was advised that the Employer, in effect, did not object to the Application if amended. That is, the employer wanted an exemption from industrial action relating to item 17 in the draft order and an amendment to question 18 of the ballot questions. Consequently, the matter was listed for Hearing at 10:00am on Wednesday, 25 June 2025.
On the morning of the Hearing, the Employer advised the Commission that the parties had been in discussions and had agreed to an undertaking to be included in the draft order and an amendment to question 18 of the ballot questions.
In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the declaration of Chloe Simmons, 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 KONE Elevators, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.
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 9 July 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR788552.
This matter will be assigned to a Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter/s. To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance 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] B2025/967
[2] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.
Printed by authority of the Commonwealth Government Printer
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