"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Tully Sugar Limited T/A Tully Sugar

[2024] FWC 1059

[2024] FWC 1059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Applications for a protected action ballot order

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

v

Tully Sugar Limited T/A Tully Sugar

(B2024/467)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 APRIL 2024

Proposed protected action ballot of employees of Tully Sugar Limited T/A Tully Sugar

1. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has made an application under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Tully Sugar Limited T/A Tully Sugar (Tully Sugar or Employer). 

1. I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] and the Australian Workers’ Union (AWU)[2] have made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 23 April 2023, the Commission was advised that Tully Sugar did not object to the application.

1. In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Ms Nicole Jane Frisken, Regional Organiser AMWU, setting out the steps taken by the AMWU in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with it, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act[3] and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close in each matter is 9 May 2024.[4] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I have reordered Clauses 6 to 8 and 13 to 14 of the proposed order to align with the Commission’s standard drafting style.

1. Th Order has been separately issued in PR773849.

1. These matters will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters.  That Member will issue an Order requiring the attendance of all bargaining representatives involved 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] B2024/463.

[2] B2024/464.

[3] [2023] FWC 1400.

[4] This is, in effect, 10 working days from the making of the Orders, as sought in the Application.

Printed by authority of the Commonwealth Government Printer

<PR773851>