"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand Summary

[2025] FWC 409

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

SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand

(B2025/236)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 12 FEBRUARY 2025

Proposed protected action ballot of employees of SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand

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 SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand (SUEZ or Employer). The parties are bargaining for an agreement to replace the Suez Water Pty Ltd Adelaide Service Delivery Production and Treatment Alliance – Mechanical Trades Enterprise Agreement 2021-2024.

On 10 February 2025, the Commission was advised that the Employer, in effect, did not object to the Application, as amended.

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 Paul Donnell, State 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 SUEZ, 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 Australian Electoral Commission (AEC).

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 27 March 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 PR784258.

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 in 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, 30 working days from the making of the Order, which is the minimum period required by the AEC.

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) has lodged an application under section 437 of the Fair Work Act 2009 with the Fair Work Commission for a protected action ballot order in relation to certain employees of SUEZ Water Pty Ltd, trading as SUEZ Australia & New Zealand. The application was made as the parties were in the process of negotiating a replacement agreement for the Suez Water Pty Ltd Adelaide Service Delivery Production and Treatment Alliance – Mechanical Trades Enterprise Agreement 2021-2024. The employer, SUEZ, did not object to the application, leading the Deputy President to determine the matter based on the documents provided.

The primary legal issue before the Deputy President was whether the AMWU had satisfied the requirements under section 443 of the Act to seek a ballot order for protected action. This required the AMWU to demonstrate that it had genuinely attempted to negotiate with the employer and that a notification period had been given. The AMWU's declaration by Paul Donnell, the State Organiser, outlined the steps taken during the bargaining process and confirmed the union's efforts to reach an agreement with SUEZ. The Deputy President was satisfied that the AMWU had met the statutory requirements for the ballot order.

Following the determination that the AMWU had fulfilled the necessary criteria, the Deputy President ordered that the ballot be conducted by the Australian Electoral Commission. The closing date for voting was set at 27 March 2025, which is the minimum period required by the Electoral Commission. Additionally, the matter was assigned to another member of the Commission for a compulsory conciliation conference under section 448A of the Act. An Order was issued to ensure that all bargaining representatives attend the conference prepared for meaningful negotiations.

The final order of the Fair Work Commission includes the approval of the protected action ballot and the setting of the voting closing date, as well as the assignment of the case to another member for a compulsory conciliation conference. Directions may be issued to ensure the parties' attendance and readiness to negotiate effectively at the conference.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v SUEZ Water Pty Ltd T/A SUEZ Australia & New Zealand

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established