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

[2025] FWC 2078

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

Queensland Breweries Pty Ltd

(B2025/1145)

DEPUTY PRESIDENT BUTLER

BRISBANE, 17 JULY 2025

Proposed protected action ballot of employees of Queensland Breweries 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 Queensland Breweries Pty Ltd (Queensland Breweries or Employer).

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

The Employer raised objections to this application. The parties were able to reach agreement in relation to the objections. As a consequence, the Employer no longer objects, and the parties consent to the order being made.

Given the parties were able to reach consent 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 William Lacey, 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 Queensland Breweries, 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[2] 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 July 2025.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR789744.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. 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] B2025/1146 and 1147, respectively.

[2] Application by Fair Vote Services Pty Ltd [2024] FWC 1775.

[3] This is, in effect, 10 working days from the making of the Order and was the date 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, also known as the Australian Manufacturing Workers' Union (AMWU), has applied to the Fair Work Commission (FWC) for a protected action ballot order concerning certain employees of Queensland Breweries Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. The AMWU sought to conduct a ballot to allow its members to vote on taking protected industrial action in relation to a proposed enterprise agreement. Queensland Breweries initially raised objections to the ballot, but later withdrew them after reaching an agreement with the AMWU. As a result, the AMWU's application proceeded uncontested.

The legal issues before the FWC were whether the AMWU had fulfilled the necessary preconditions for the ballot, such as providing the requisite notification period, and whether the AMWU had genuinely attempted to reach an agreement with Queensland Breweries. The AMWU submitted a declaration by Daniel William Lacey, an organiser, outlining the steps taken during the bargaining process and confirming that the union had been genuinely attempting to reach an agreement. The FWC was required to determine if the AMWU's application met the statutory requirements under section 443 of the Fair Work Act.

In making its decision, the FWC considered the declaration provided by the AMWU and found that the union had indeed met the statutory requirements for a ballot. The FWC was satisfied that there was a notification period in relation to the proposed agreement and that all the requirements under section 443(1) of the Fair Work Act had been met. The FWC also determined that Fair Vote Services Pty Ltd, the authorised ballot agent, was qualified to conduct the ballot. The FWC set the closing date for the ballot as 31 July 2025, which was 10 working days from the date of the order. The FWC concluded that the AMWU's application should be granted and issued an order accordingly. This matter will now be assigned to another FWC member for the compulsory conciliation conference.

The Fair Work Commission has granted the AMWU's application for a protected action ballot order. The ballot will be conducted by Fair Vote Services Pty Ltd, with voting to close on 31 July 2025. This decision will facilitate the AMWU's members to vote on potential industrial action in relation to the proposed enterprise agreement. The matter will proceed to a compulsory conciliation conference, with another FWC member overseeing the process to ensure meaningful 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