"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 1909

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

(B2023/784)

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 PR764820.

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 ballot period; no submissions were provided.

. Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) has applied to the Fair Work Commission for a protected action ballot order in relation to certain employees of SRG Global Integrated Services Pty Ltd. The AMWU sought the order under section 437 of the Fair Work Act 2009. The employer, SRG Global Integrated Services Pty Ltd, did not object to the application, which was subsequently amended to clarify the intended employees. The matter was determined by the Commission without a hearing.

The primary legal issue before the Commission was whether the AMWU had satisfied the requirements of section 443 of the Fair Work Act to apply for a ballot order. This includes demonstrating that there is a notification time in relation to a proposed agreement and that the union has genuinely tried to reach an agreement with the employer. The AMWU submitted a declaration from its Organiser, Mr Daniel Hannan, outlining the union's bargaining efforts and its genuine attempts to reach an agreement with SRG Global. The Commission found that the union had met the necessary criteria.

Based on the material before it, the Commission concluded that the AMWU had met the requirements under section 443 of the Fair Work Act. The Commission noted that the union had set out the steps taken in bargaining with the employer and that it had genuinely tried to reach agreement. The Commission approved the application and issued an order for a ballot to be conducted by the approved ballot agent, Democratic Outcomes Pty Ltd T/A CiVS. The ballot period was set at ten working days from the date of the order, which was 3 August 2023. The Commission also noted that a compulsory conciliation conference would be held, and the matter would be assigned to another member of the Commission.

In conclusion, the Fair Work Commission granted the AMWU's application for a protected action ballot order. The employer, SRG Global Integrated Services Pty Ltd, did not object to the application, and the Commission was satisfied that the union had met the requirements under the Fair Work Act. A ballot will be conducted by the approved agent, and the ballot period has been set at ten working days from 3 August 2023. The Commission will also hold a compulsory conciliation conference to facilitate 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