"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Specialty Packaging Group Pty Ltd Summary

[2025] FWC 1868

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

Specialty Packaging Group Pty Ltd

(B2025/1059)

DEPUTY PRESIDENT ROBERTS

SYDNEY, 1 JULY 2025

Proposed protected action ballot of employees of Specialty Packaging Group 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 Specialty Packaging Group Pty Ltd trading as Opal Specialty Packaging (Opal or Employer).

The application was initially contested by the Employer and the matter was listed for hearing on 1 July 2025. Prior to the hearing, the parties advised the Commission that they had reached agreement in relation to the protected action ballot order. The parties were advised that the application would be dealt with on the basis that it was unopposed.

On the basis of the material before me, including the declaration of Lachlan Bush, Organiser, setting out the steps taken by the AMWU in bargaining with the Employer and the evidence that the Applicant has been, and is, genuinely trying to reach agreement with Opal, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 15 July 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 PR788759.

This matter will shortly 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. Directions will also be issued 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 Australian Manufacturing Workers' Union (AMWU) sought a protected action ballot order from the Fair Work Commission under section 437 of the Fair Work Act 2009, concerning employees of Specialty Packaging Group Pty Ltd, trading as Opal Specialty Packaging. The matter was initially contested but was withdrawn as the parties reached an agreement before the hearing on 1 July 2025. The application was subsequently dealt with on the basis that it was unopposed.

The legal issues before the Deputy President involved confirming that the union had followed the necessary procedures for a protected action ballot, including proving that it had genuinely attempted to reach an agreement with the employer. The union needed to demonstrate compliance with section 443(1) of the Fair Work Act, and it was also necessary to determine the appropriate closing date for the ballot.

The Deputy President concluded that the AMWU had met all the requirements for a protected action ballot, including providing evidence of genuine bargaining efforts. The ballot was to be conducted by Democratic Outcomes Pty Ltd, an approved ballot agent under section 468A of the Act. The Deputy President set the closing date for voting as 15 July 2025, which was effectively 10 working days from the order's issuance. This date also established the ballot period for the purpose of section 448A(2) of the Act.

In addition to the ballot order, the Deputy President issued a separate order requiring the attendance of all bargaining representatives at a compulsory conciliation conference. This order also included directions to ensure the parties were prepared for meaningful negotiations at the conference.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Specialty Packaging Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established