"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

[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

1. 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). 

1. On 4 September 2023, the Commission was advised that Laminex did not object to the Application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.  

1. 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.  

1. 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.

1. An order has been separately issued in PR765839.

1. 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

<PR765838>