"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 1915

[2023] FWC 1915

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

(B2023/786)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 3 AUGUST 2023

Proposed protected action ballot of employees of SRG Global Integrated Services Pty Ltd

1. 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). 

1. 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.

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

1. On the basis of the material before me, including the declaration of Mr Simon Rushworth, AMWU 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 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.  

1. 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]

1. An Order has been separately issued in PR764833.

1. 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

<PR764834>