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

[2025] FWC 2213

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

Solvay Interox Pty. Ltd.

(B2025/1187)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 30 JULY 2025

Proposed protected action ballot of employees of Solvay Interox 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 Solvay Interox Pty Ltd (Solvay Interox or Employer).

On the basis of the material before me, including the declaration of Ray Shortill, Lead 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 Solvay Interox, 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 13 August 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 PR790153.

The s.448A compulsory conciliation conference will be held by videoconference using Microsoft Teams at 3:00pm on 7 August 2025. An Order and Directions will be issued requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference, and to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU), has applied to the Fair Work Commission for an order allowing a protected action ballot to proceed among the employees of Solvay Interox Pty Ltd. The application is pursuant to section 437 of the Fair Work Act 2009, which allows for such ballots to be held during the course of negotiations for an enterprise agreement. The AMWU contends that it has been genuinely attempting to reach an agreement with Solvay Interox, and that the proposed ballot is necessary as a means to determine the employees' views on the terms being negotiated.

The central legal issue before the Deputy President was whether the AMWU had satisfied the statutory requirements for conducting a protected action ballot. This includes demonstrating that the union had been genuinely attempting to reach an agreement and that the proposed ballot was necessary. Additionally, the Deputy President had to consider whether the proposed ballot agent, Fair Vote Services Pty Ltd, was eligible and authorised to conduct the ballot under the Fair Work Act. The Deputy President also determined the closing date for the ballot and scheduled a compulsory conciliation conference to be held via Microsoft Teams.

Having reviewed the materials, including the declaration by Ray Shortill, the Lead Organiser for the AMWU, who outlined the union's bargaining efforts and commitment to reaching an agreement, the Deputy President found that the union had met all the statutory requirements for conducting the ballot. Fair Vote Services Pty Ltd was confirmed to be an approved ballot agent. The Deputy President set 13 August 2025 as the closing date for the ballot, effectively ten working days from the issuance of the order. Furthermore, the Deputy President scheduled a compulsory conciliation conference for 7 August 2025 to facilitate further negotiations between the parties.

An order was issued allowing the AMWU to proceed with the ballot, with Fair Vote Services Pty Ltd conducting the voting. The order also mandated that all bargaining representatives attend the compulsory conciliation conference on 7 August 2025, prepared 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