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

[2024] FWC 529

[2024] FWC 529 [Note: a correction has been issued to this document]

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

Queensland Sugar Limited

(B2024/153)

DEPUTY PRESIDENT DOBSON BRISBANE, 27 FEBRUARY 2024

Proposed protected action ballot of employees of Queensland Sugar Limited

1. An application pursuant to s.437 of the Fair Work Act 2009 (the Act) has been filed by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (Applicant/AWU) for protected action ballot orders in relation to certain employees of Queensland Sugar Limited (Respondent).

1. The application was originally objected to by the Respondent. Following consultation with the Applicant, the Applicant provided an amended application to which the Respondent advised they no longer objected.

1. The Applicant agreed to provide the following undertaking to the Respondent which was accepted.

“The AMWU undertakes to ensure that in an emergency situation where there is a risk to personal health or safety, and where no other workers are available, AMWU members will be available to perform work. AMWU members will not engage in industrial action that would endanger the life, personal safety, health, or welfare of the population or part thereof.”

1. In these 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 Ms Nicole Jane Frisken of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act[1] 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 fourteen (14) working days after the Commencement Date. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. Therefore, I appoint CiVS as the protected action ballot agent.

1. An order has been separately issued in PR771890.

1. This matter will be listed for a s.448A compulsory conciliation conference. An Order will be issued requiring the attendance of all bargaining representatives involved 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] [2023] FWC 1400.

Printed by authority of the Commonwealth Government Printer

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