“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide

[2023] FWC 2518

[2023] FWC 2518

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

Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide

(B2023/1034)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 29 SEPTEMBER 2023

Proposed protected action ballot of employees of Reliance Worldwide Corporation (Aust) 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 Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide (Reliance Worldwide or Employer). 

1. On 29 September 2023, the Commission was advised that Reliance Worldwide did not, in effect, object to the Application as amended.[1]

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 Mr Paul McGrath, Organiser South East Queensland, AMWU, 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 Reliance Worldwide, 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 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[2] and consequently is authorised to conduct the ballot.

1. 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 16 October 2023.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR766702.

1. 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 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] The Respondent had raised concerns regarding safety concerns in relation to some questions in the proposed order. The Applicant provided an amended draft order at 1:34pm AEST 29 September 2023 and constructively confirmed that any notice of protected industrial action would include an undertaking as to safety. This undertaking has also been reflected within the balloted questions set out in the Order.

[2] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

[3] This is, in effect, ten (10) working days from the date effect of the Order.

Printed by authority of the Commonwealth Government Printer

<PR766703>