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

[2025] FWC 864

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

Scania Australia Pty. Limited

(B2025/511)

COMMISSIONER FOX

MELBOURNE, 27 MARCH 2025

Proposed protected action ballot of employees of Scania Australia Pty. Limited.

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 Scania Australia Pty Limited (Scania or Employer).

On 26 March 2025, the Commission was advised that the Employer objected to the application. I listed the matter for Hearing on 27 March 2025. At the commencement of the

Hearing, the parties agreed that I would conduct a Conference. At the conclusion of the
Conference, the Employer advised that it no longer objected to the application. As such, I have decided to determine the matter on the papers without the need to resume the Hearing.

On the basis of the material before me, including the declaration of Chloe Simmons, Industrial Officer, 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 Scania, 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 10 April 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 PR785604.

This matter will be assigned to a Member of the Commission to conduct the s.448A compulsory conciliation conference. The 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

Appearances:

C Simmons for the Applicant.
S Carroll and L Bonnici for the Respondent.

Hearing details:

2025.
Melbourne (By Video using Microsoft Teams):
27 March.

[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 Australian Manufacturing Workers’ Union (AMWU), acting as the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, applied to the Fair Work Commission (FWC) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Scania Australia Pty Limited. Scania initially objected to the application but later withdrew its objection, allowing the Commission to proceed on the papers. The ballot was proposed to address issues related to a proposed enterprise agreement. Fair Vote Services Pty Ltd, an approved agent under section 468A of the Act, was designated to conduct the ballot. The Commission determined that voting would close on 10 April 2025, establishing the ballot period for the purposes of section 448A(2) of the Act.

The legal issues before the Commission centered on whether the AMWU had met the requirements under section 443 of the Act for a protected action ballot. The Commission needed to confirm that the union had genuinely attempted to reach an agreement with Scania and that all procedural prerequisites were satisfied. Specifically, the AMWU's declaration, detailing its bargaining efforts and ongoing attempts to reach an agreement, was central to the decision. The Commission also had to establish the closing date for the ballot, ensuring compliance with the legislative framework.

The Commissioner, Fox, found that all requirements of section 443(1) of the Act had been fulfilled. The union had genuinely attempted to reach an agreement, and the procedural steps were correctly followed. Consequently, the Commission granted the ballot order. Commissioner Fox set the closing date for voting as 10 April 2025, which was also the period sought in the application. The Commission further directed that a compulsory conciliation conference would be held under section 448A of the Act, with all bargaining representatives required to attend. This conference aimed to facilitate meaningful negotiations between the parties.

The Fair Work Commission issued an order approving the protected action ballot for the AMWU employees of Scania Australia Pty Limited. The ballot was to be conducted by Fair Vote Services Pty Ltd, and voting was to close on 10 April 2025. Additionally, the Commission scheduled a compulsory conciliation conference to be held under section 448A of the Act, ensuring that all bargaining representatives would attend to engage in meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established