"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Morgan Technical Ceramics Australia Pty Limited

[2024] FWC 2252

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

Morgan Technical Ceramics Australia Pty Limited

(B2024/1062)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 22 AUGUST 2024

Proposed protected action ballot of employees of Morgan Technical Ceramics Australia Pty Limited

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 Morgan Technical Ceramics Australia Pty Limited (Morgan or Employer).

On 21 August 2024, 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 Andrew Bonello, 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 Morgan, 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 the Australian Electoral Commission.

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 4 October 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR778554

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, 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 Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission (FWC) for a protected action ballot order against Morgan Technical Ceramics Australia Pty Limited. The application, made under section 437 of the Fair Work Act 2009, concerns the proposed industrial action by certain employees of the employer. The employer did not object to the application, and the Deputy President Hampton proceeded to determine the matter without a hearing.

The legal issues before the court involved verifying whether the union had genuinely attempted to reach an agreement with the employer and if all the requirements for the ballot under section 443(1) of the Act had been met. The union presented a declaration from Andrew Bonello, an Industrial Officer, detailing the steps taken in bargaining with the employer and asserting the union's genuine efforts to reach an agreement. The court was satisfied that the notification time for the proposed agreement had been met and that all conditions under section 443(1) of the Act were fulfilled.

The court determined that the Australian Electoral Commission would conduct the ballot and set the closing date for voting as 4 October 2024, which aligns with the 30 working days sought in the application. This date also serves as the ballot period for the purposes of section 448A(2) of the Act. The matter will be assigned to another member of the Commission for a compulsory conciliation conference, where both parties will be required to attend and participate in meaningful negotiations. Directions will likely be issued to ensure compliance with the conference requirements.

In conclusion, the court granted the AMWU's application for a protected action ballot order, setting the closing date for voting and assigning the matter for a compulsory conciliation conference to facilitate negotiations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established