"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Steggles Pty. Limited T/As Steggles Ltd and Steggles Food Products Pty Ltd

[2024] FWC 1511

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

Steggles Pty. Limited T/AS Steggles Ltd and Steggles Food Products Pty Ltd

(B2024/739)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 JUNE 2024

Proposed protected action ballot of employees of Steggles Pty Limited T/AS Steggles and Steggles Food Products 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 Steggles Pty Limited T/AS Steggles & Steggles Food Products Pty Ltd (collectively the Employers).

On 7 June 2024, the Commission was advised that the Employers did not object to the Application.

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 Todd Nickle, Organiser, setting out the steps taken by the AMWU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with them, 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 trading as CiVS (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 28 June 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR775851.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement 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] This is, in effect, ten (10) working days from the anticipated commencement date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

< PR775852>

CaseChat Overview and Summary

The case of "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) versus Steggles Pty Limited T/As Steggles Ltd and Steggles Food Products Pty Ltd was heard by the Fair Work Commission, with Deputy President Hampton presiding. The AMWU had applied for a protected action ballot order under section 437 of the Fair Work Act 2009 to conduct a ballot among certain employees of Steggles Pty Limited and Steggles Food Products Pty Ltd. Steggles Pty Limited did not object to the application, and therefore, the matter was determined on the papers without a hearing.

The primary legal issue the court had to address was whether the AMWU had satisfied the conditions under section 443 of the Act for conducting a protected action ballot. This involved verifying that the union had genuinely attempted to negotiate with the employers and that all procedural requirements were met. The union's declaration by Todd Nickle, an organiser, detailed the steps taken in bargaining and affirmed the union's efforts to reach an agreement. Given this evidence, the Deputy President found that all prerequisites for the ballot were fulfilled.

Consequently, the Deputy President issued an order approving the ballot to be conducted by Democratic Outcomes Pty Ltd trading as CiVS, which is recognised as a ballot agent under section 468A of the Act. The order set 28 June 2024 as the closing date for voting, establishing the ballot period as ten working days from the anticipated commencement date of the order. The matter will subsequently proceed to a compulsory conciliation conference under section 448A of the Act, with further orders to ensure the parties are prepared for meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established