“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v The Trustee for Horvat Family Trust T/A Sava Engineering Pty Ltd

[2023] FWC 2585

[2023] FWC 2585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v

The Trustee for Horvat Family Trust T/A Sava Engineering Pty Ltd

(B2023/1060)

DEPUTY PRESIDENT LAKE BRISBANE, 11 OCTOBER 2023

Proposed protected action ballot of employees of The Trustee for Horvat Family Trust T/A Sava Engineering 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 The Trustee for Horvat Family Trust T/A Sava Engineering Pty Ltd (Sava Engineering or Employer). 

1. On 7 October 2023, the Commission was advised that Sava Engineering that it objected to the Application.  The Employer stated that they are continuing to bargain as their main contention, but did not raise any issues with the Protected Action Ballot Order issues itself. The Employer was given two opportunities to substantiate their contention with the proposed Order but did not provide a substantive response.

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 Stephen Fodrocy on behalf of the AMWU, 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 Sava Engineering, 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 Australian Electoral Commission. 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 20 November 2023.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR766942.

1. I will conduct the s.448A compulsory conciliation conference and issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference to ensure that the parties conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

<PR766943>