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

[2025] FWC 1639

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

Monroe Australia Pty. Ltd.

(B2025/925)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 JUNE 2025

Proposed protected action ballot of employees of Monroe Australia 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 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 Monroe Australia Pty. Ltd. (Monroe or Employer).

I note that the Australian Workers' Union (AWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 12 June 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 Jhaelen Davey, State 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 Monroe, 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 Australian Electoral Commission (AEC).

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 25 July 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR788171.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. 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] B2025/919.

[2] This is, in effect, 30 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning employees of Monroe Australia Pty. Ltd. The application aimed to facilitate a ballot for potential industrial action in response to unresolved negotiations over an enterprise agreement. Monroe did not object to the application, which was supported by the AMWU's declaration from Jhaelen Davey, the State Organiser, indicating genuine efforts in bargaining. The Australian Workers' Union also filed a separate application regarding the same enterprise agreement.

The court had to decide if the AMWU's application met the statutory requirements for a protected action ballot, including verifying the notification period and compliance with section 443(1) of the Fair Work Act. Additionally, the court had to determine an appropriate closing date for the voting period, ensuring it allowed sufficient time for the ballot while aligning with the statutory timeframes. The decision also involved coordinating with the Australian Electoral Commission for conducting the ballot and setting up a compulsory conciliation conference to facilitate negotiations.

After reviewing the evidence, the Deputy President Hampton found that the AMWU had met all the requirements for a protected action ballot. The court determined that the notification period for the proposed agreement was valid and that the AMWU had genuinely tried to reach an agreement with Monroe. Consequently, the Deputy President issued an order for the ballot, specifying the closing date for voting as 25 July 2025, effectively 30 working days from the order's issuance. The matter was subsequently assigned to another member of the Commission to conduct the compulsory conciliation conference, ensuring that all bargaining representatives would attend to negotiate the enterprise agreement.

The court's final orders included setting the ballot closing date and directing the Australian Electoral Commission to conduct the ballot. Additionally, the order mandated the attendance of all bargaining representatives at the conciliation conference to engage in meaningful negotiations. This comprehensive approach aimed to resolve the dispute through facilitated discussions, while also allowing the employees to exercise their right to vote on potential industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established