“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Monadelphous Engineering Pty Ltd

[2025] FWC 519

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

Monadelphous Engineering Pty Ltd

(B2025/271)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 FEBRUARY 2025

Proposed protected action ballot of employees of Monadelphous Engineering Pty Ltd

This is an application by 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 Monadelphous Engineering Pty Ltd (Monadelphous or Employer).

On 20 February 2025, the Commission was advised that the Employer, in effect, 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 Philip Golby, Organiser, 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 Monadelphous, 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 (CiVS). CiVS 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 6 March 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR784589.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives 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.

DEPUTY PRESIDENT

[1] 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

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for a protected action ballot order concerning certain employees of Monadelphous Engineering Pty Ltd. The AMWU sought the order under section 437 of the Fair Work Act 2009 to conduct a ballot regarding potential protected action. Monadelphous Engineering Pty Ltd did not object to the application. Deputy President Hampton determined the matter without a hearing, relying on the information submitted by the AMWU, including a declaration by the Organiser that the union had been genuinely attempting to reach an agreement with Monadelphous.

The central legal issue before the Commission was whether the AMWU met the statutory requirements to conduct a ballot for protected action. This involved confirming that the union had taken the necessary steps in good faith to negotiate with the employer and that the notification period for the proposed agreement had been observed. The Commission had to verify that all conditions outlined in section 443(1) of the Act were fulfilled and that Democratic Outcomes Pty Ltd (CiVS) was an approved agent to conduct the ballot.

In its decision, the Commission found that the AMWU had genuinely tried to reach an agreement and that all statutory requirements had been met. The Deputy President concluded that the AMWU's application satisfied the criteria for a protected action ballot order. Consequently, the Commission ordered that the ballot would be conducted by CiVS and set the closing date for voting as 6 March 2025. The decision also noted that the matter would be assigned to another member of the Commission for a compulsory conciliation conference.

The Fair Work Commission issued an order approving the ballot and set the closing date for voting as 6 March 2025. The order also assigned the matter to another Commission member to conduct a compulsory conciliation conference, requiring the attendance of all bargaining representatives for meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established