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

[2024] FWC 905

[2024] FWC 905

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

NCI Holdings Pty Ltd

(B2024/415)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 9 APRIL 2024

Proposed protected action ballot of employees of NCI Holdings 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 NCI Holdings Pty Ltd (NCI or Employer).

1. I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have made a separate application for a protected action ballot order in relation the same proposed agreement.[1]

1. On 8 April 2024, the Commission was advised that the Employer did not object to the Application.

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 Stephen Fodrocy, 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 them,  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 (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 22 May 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR773296.

1. 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 (B2024/416). To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance 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] See B2024/416. The Commission has been advised that the application in B2024/416 has been opposed by the Employer. Accordingly, the matter will be dealt with separately, on its merits, by another Member of the Commission.

[2] This is, in effect, thirty (30) working days from the date of the Order, which is the minimum period required by the AEC to conduct the ballot.   

Printed by authority of the Commonwealth Government Printer

<PR773297>