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

[2025] FWC 2053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

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

Otis Elevator Company Pty Ltd

(B2025/1133)

COMMISSIONER MIRABELLA

MELBOURNE, 16 JULY 2025

Proposed protected action ballot of employees of Otis Elevator Company Pty Ltd

This decision concerns an application made on 14 July 2025 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 (the Act) for a protected action ballot order in relation to certain employees of Otis Elevator Company Pty Ltd (Otis or Employer).

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

After discussion with the Applicant, Otis dropped its initial objection to the application and the AMWU filed an amended Form F34 on 16 July 2025.

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 Stephen Fodrocy, Andrew Bonello and Chloe Simmons, Industrial Officers, setting out the steps taken by the AMWU in bargaining with the Employer and that Otis has been, and is, genuinely trying to reach agreement with it, 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 Fair Work Commission (the Commission) has determined that the date by which voting is to close is 27 August 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 PR789697.

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.

COMMISSIONER

[1] B2025/1134.

[2] This is, in effect, 30 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

< PR789696>

CaseChat Overview and Summary

The case concerns an application by the Australian Manufacturing Workers’ Union (AMWU) to the Fair Work Commission for a protected action ballot order regarding employees of Otis Elevator Company Pty Ltd. Otis initially opposed the application but later withdrew its objection. The AMWU subsequently filed an amended form to proceed with the ballot. The matter was determined on the papers submitted, without the need for a hearing. The Commission was satisfied that all the requirements of section 443(1) of the Fair Work Act 2009 were met, including the notification time for the proposed agreement and the evidence of genuine bargaining efforts by both parties.

The legal issues before the Commission involved verifying whether the AMWU had met the prerequisites for a protected action ballot under the Act. This included confirming the notification period and ensuring that the employer had genuinely attempted to reach an agreement with the union. The Commission also had to determine the appropriate date for the closure of voting, which was set at 27 August 2025. The decision was made to conduct the ballot through the Australian Electoral Commission and to assign the matter to another Commissioner for a compulsory conciliation conference to ensure meaningful negotiations.

Following the decision, the Fair Work Commission issued an order to conduct the ballot by the specified closing date. Additionally, the Commission directed that a conciliation conference would be held, requiring the attendance of all bargaining representatives. This order, along with any subsequent directions, aimed to facilitate effective negotiations between the parties involved. The decision reflects the Commission’s role in overseeing protected action ballots and ensuring that the legal requirements are met while supporting the negotiation process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established