"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Trojan Recruitment Group Pty Limited

[2023] FWC 1924

[2023] FWC 1924

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

Trojan Recruitment Group Pty Limited

(B2023/793)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 AUGUST 2023

Proposed protected action ballot of employees of Trojan Recruitment Group Pty Limited

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 Trojan Recruitment Group Pty Limited (Trojan or Employer). 

1. On 3 August 2023, the Commission was advised that Trojan, in effect, did not object to the Application.

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 Raoul Wainwright, AMWU Industrial Officer, 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 Trojan, 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) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (26 July 2023) has been determined by this Commission.[1]  

1. An order has been separately issued in PR764857.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. To the extent that this matter involves additional bargaining representatives for the proposed enterprise agreement, the Commission will issue a further Order requiring their 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] The application sought 28 days; however, 30 working days is the presently advised minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

<PR764858>