"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Oji Fibre Solutions (Qld) Pty Ltd Summary

[2025] FWC 3107

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

Oji Fibre Solutions (Qld) Pty Ltd

(B2025/1586)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 17 OCTOBER 2025

Proposed protected action ballot of employees of Oji Fibre Solutions (QLD) Pty Ltd – non-AEC ballot agent electronic voting

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 Oji Fibre Solutions (Qld) Pty Ltd (Oji Fibre or Employer).

On 16 October 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 Daniel Dougherty, Assistant State Secretary, 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 Oji Fibre, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote 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 31 October 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 PR792719.

The structure of the Order has been amended to reflect the Fair Work Commission’s standard template.

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 case involves an application by the Australian Manufacturing Workers' Union (AMWU) to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning employees of Oji Fibre Solutions (Qld) Pty Ltd. The AMWU seeks to conduct a ballot for potential protected action, and the employer, Oji Fibre Solutions, has indicated that it does not object to the application. The matter was determined by Deputy President Wright in Sydney on 17 October 2025.

The key legal issues before the court were whether the AMWU had satisfied the requirements under section 443(1) of the Fair Work Act to hold a ballot and whether the proposed ballot agent, Fair Vote Services Pty Ltd, was appropriately authorised under section 468A of the Act. The AMWU needed to demonstrate that it had genuinely attempted to reach an agreement with the employer and that there was a notification time for the proposed agreement.

The Fair Work Commission was satisfied that the AMWU had met all necessary requirements for the ballot. The Commission found that the AMWU had genuinely engaged in bargaining with Oji Fibre Solutions and that the requirements of section 443(1) of the Act were fulfilled. Furthermore, the Commission approved the use of Fair Vote Services as the ballot agent, as it was an approved agent under section 468A of the Act. The Commission also set the closing date for voting as 31 October 2025, which aligns with the 10 working days from the issuance of the order, as sought by the AMWU.

An order was issued separately in PR792719, and the matter was reassigned to another member of the Commission for a compulsory conciliation conference under section 448A of the Act. The Commission will require the attendance of all bargaining representatives to conduct meaningful negotiations and may issue directions to ensure the parties are prepared for the conference.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established