"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v SRG Global Integrated Services Pty Ltd

[2023] FWC 1912

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

SRG Global Integrated Services Pty Ltd

(B2023/785)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 AUGUST 2023

Proposed protected action ballot of employees of SRG Global Integrated Services 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) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of SRG Global Integrated Services Pty Ltd (SRG Global or Employer).

On 2 August 2023, the Commission was advised that SRG Global did not object to the Application as amended to clarify the employees intended to be balloted under the Order.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Mr Daniel Hannan, AMWU 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 SRG Global, 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 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[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, and following consultation with the parties, a ballot period of ten (10) working days from the date of the Order (3 August 2023) has been determined by the Commission.[2]

An Order has been separately issued in PR764826.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

[2] Parties were provided with an opportunity to be heard in relation to the proposed ballot period; no submissions were provided.

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), made an application to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of SRG Global Integrated Services Pty Ltd (SRG Global or Employer). SRG Global did not object to the application, leading to the matter being determined on the basis of written submissions without the need for a hearing. The AMWU sought the order to facilitate a ballot of its members in relation to proposed protected action, indicating a need for industrial action due to unresolved bargaining issues with the Employer.

The legal issues before the Commission included whether the AMWU had satisfied the conditions set out in section 443(1) of the Act for a ballot order. Specifically, the Commission needed to determine if the AMWU had genuinely attempted to reach an agreement with SRG Global and if a notification period existed for the proposed agreement. Additionally, the Commission had to consider the appropriateness of the ballot period, ensuring it allowed for effective and fair conduct of the ballot.

Upon reviewing the evidence, the Deputy President found that the AMWU had indeed been genuinely attempting to reach an agreement with SRG Global. The Commission was satisfied that all requirements under section 443(1) of the Act were met, including the existence of a notification period. The Deputy President determined that the ballot should be conducted by Democratic Outcomes Pty Ltd T/A CiVS (CiVS), an approved ballot agent under section 468A of the Act. A ballot period of ten working days from the date of the order was set, after consulting with the parties.

The Fair Work Commission issued an order granting the AMWU's application for a protected action ballot order, specifying the ballot period and the ballot agent. The Deputy President also noted that separate proceedings would be assigned to another Member of the Commission for compulsory conciliation, with directions to be issued to ensure meaningful negotiations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established