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

[2023] FWC 2285

[2023] FWC 2285

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

Longwarry Food Park Pty Ltd

(B2023/957)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 8 SEPTEMBER 2023

Proposed protected action ballot of employees of Longwarry Food Park 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 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 Longwarry Food Park Pty Ltd (Longwarry Food Park or Employer). 

1. I observe that there is a related application by the United Workers’ Union (UWU) in B2023/933. Both applications relate to the same proposed enterprise agreement.

1. On 8 September 2023, the Commission was advised that Longwarry Food Park did not, in effect, object to the Application.[1]

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 Andrew Bonello, AMWU 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 Longwarry Food Park, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[2] and consequently is authorised to conduct the ballot.

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 28 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 PR765991.

1. This matter will be assigned to Commissioner Tran to conduct the s.448A compulsory conciliation conference along with the related matter B2023/933. To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their attendance 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.

DEPUTY PRESIDENT

[1] On 8 September 2023, the Commission emailed the Parties in relation to an inconsistency between Question 2.1 of the F34 and Clause 3 of the proposed order. The Commission proposed to adopt the wording reflected under Clause 3 of the proposed order. No objection was raised by either Party.

[2] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

Printed by authority of the Commonwealth Government Printer

<PR765992>