"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Thales Australia Limited

[2024] FWC 3386

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

Thales Australia Limited

(B2024/1588)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 4 DECEMBER 2024

Proposed protected action ballot of employees of Thales Australia Limited

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 Thales Australia Limited (Thales or Employer).

On 4 December 2024, the Commission was advised that the Employer, in effect, 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 Robyn Fortescue, National Assistant Secretary, 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 Thales, 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 Fair Vote Services Pty Ltd (FVS). FVS 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 18 December 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 PR782055.

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, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), against Thales Australia Limited was heard by the Fair Work Commission (FWC) on 4 December 2024. The AMWU, acting on behalf of certain employees of Thales Australia Limited, applied under section 437 of the Fair Work Act 2009 for a protected action ballot order. The application sought to allow the employees to vote on potential industrial action due to ongoing disputes in bargaining for a new enterprise agreement. Thales Australia Limited did not object to the application, leading the Commission to proceed with the matter based on the documents submitted.

The primary legal issue the Commission addressed was whether the AMWU had fulfilled all necessary requirements under the Fair Work Act to conduct a protected action ballot. This included verifying that the union had genuinely attempted to reach an agreement with Thales and that all procedural steps were correctly followed. The Commission had to determine if the AMWU's application met the criteria set out in sections 443 and 468A of the Act, particularly concerning the notification period and the authorisation of the ballot agent, Fair Vote Services Pty Ltd (FVS).

Upon reviewing the submitted materials, including the declaration by Robyn Fortescue, the National Assistant Secretary of the AMWU, the Deputy President concluded that the union had genuinely tried to reach an agreement and that all legislative requirements were met. The Commission found that the union had taken appropriate steps to negotiate and that the proposed agreement included a notification time. Additionally, the Commission confirmed that FVS was an approved agent capable of conducting the ballot. Consequently, the Deputy President issued an order permitting the ballot to proceed, setting 18 December 2024 as the closing date for voting, effectively establishing a 10-working-day ballot period.

The Commission also scheduled a compulsory conciliation conference to be conducted by another Member, aiming to facilitate meaningful negotiations between the parties. This conference is intended to help resolve the ongoing disputes and prevent the need for industrial action. The decision underscores the importance of adherence to the legislative framework when conducting protected industrial action ballots and highlights the Commission's role in ensuring fair and lawful processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established