"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Metro Tasmania Pty Ltd T/A Metro

[2023] FWC 1922

[2023] FWC 1922

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

Metro Tasmania Pty Ltd T/A Metro

(B2023/792)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 AUGUST 2023

Proposed protected action ballot of employees of Metro Tasmania 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 Metro Tasmania Pty Ltd T/A Metro (Metro or Employer). 

1. On 3 August 2023, the Commission was advised that Metro, in effect, did not object to the Application as subsequently amended.[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 on behalf of the AMWU , 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 Metro, 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 Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (4 August 2023) has been determined by this Commission.

1. Following consultation, clause 5 of the draft Order was amended to include a preamble to the ballot questions. In addition, the Commission also sought clarification from the parties about another proposed ballot question and the Order as issued deals with that aspect.

1. An order has been separately issued in PR764848.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. To the extent that this matter involves additional bargaining representatives for the proposed enterprise agreement, the Commission will issue a further 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] The Respondent had requested amendments to Clause 5 of the draft Order and Question 2.1 of the AMWU’s F34. The

A Printed by authority of the Commonwealth Government Printer

<PR764849>

MWU subsequently provided an amended draft Order and F34 to reflect the requested amendments.