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

[2023] FWC 2238

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

Laminex Group Pty Ltd

(B2023/926)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 4 SEPTEMBER 2023

Proposed protected action ballot of employees of Laminex Group 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)

made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Laminex Group Pty Ltd (Laminex).

On 4 September 2023, the Commission was advised that Laminex 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 Mr Daniel Hannan, AMWU Organiser, setting out the steps taken by the AMWU in bargaining with Laminex and that it has been, and is, genuinely trying to reach agreement with Laminex, 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 Democratic Outcomes Pty Ltd trading as CiVS. I have determined that for the purposes of s.443(3)(c) of the Act, the date by which the voting in the protected action ballot in this matter is to close is 18 September 2023. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An order has been separately issued in PR765839.

This matter will listed for a compulsory conciliation conference pursuant to s.448A of the Act in conjunction with related matter B2023/883. An Order has been issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. Directions have also been issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as 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 ballot of Laminex Group Pty Ltd employees regarding protected industrial action. Laminex did not object to the application. The matter was determined by the Commission on the papers provided, without a hearing. The AMWU had provided a declaration from Mr. Daniel Hannan, an AMWU organiser, confirming the union's genuine attempts to negotiate with Laminex. The Commission was satisfied that all the requirements of section 443(1) of the Act were met, including the notification time for the proposed agreement.

The legal issues before the Commission were whether the AMWU had complied with all the statutory requirements to conduct a protected action ballot and if Laminex had any objections to the application. The Commission found that the AMWU had taken the necessary steps in bargaining with Laminex and had genuinely attempted to reach an agreement. The Commission was satisfied that all requirements under section 443(1) of the Act had been fulfilled. The Deputy President then determined the closing date for the voting in the protected action ballot to be 18 September 2023, in accordance with section 443(3)(c) of the Act.

The Fair Work Commission granted the AMWU's application for a protected action ballot order. The Commission set the closing date for the ballot to be 18 September 2023, as per section 443(3)(c) of the Act. The ballot would be conducted by Democratic Outcomes Pty Ltd trading as CiVS. The matter was listed for a compulsory conciliation conference under section 448A of the Act, in conjunction with related matter B2023/883. An order was issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference, with directions to ensure meaningful negotiations took place.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established