"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Velocity Truck Centres NSW Pty Ltd

[2024] FWC 3355

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

Velocity Truck Centres NSW Pty Ltd

(B2024/1574)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 DECEMBER 2024

Proposed protected action ballot of employees of Velocity Truck Centres NSW Pty Ltd

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 Velocity Truck Centres NSW Pty Ltd (Velocity Truck Centres or Employer).

On 2 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 Victoria Harper, 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 Velocity Truck Centres, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS 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 17 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 PR781954.
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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission for a protected action ballot order in relation to employees of Velocity Truck Centres NSW Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, and the AMWU sought a ballot for protected action, indicating a potential industrial dispute. The employer, Velocity Truck Centres, did not object to the application, allowing the matter to be determined on the submitted documents without a hearing.

The legal issues before the Commission involved determining whether the AMWU had satisfied the requirements for a protected action ballot under the Fair Work Act. Specifically, the Commission needed to ascertain if the union had genuinely attempted to reach an agreement with the employer and if all procedural requirements were met, including notification and timing of the ballot. The AMWU provided a declaration from Victoria Harper, an Organiser, outlining the union's bargaining efforts and commitment to reaching an agreement with the employer.

The Fair Work Commission found that the AMWU had genuinely attempted to reach an agreement with the employer and had fulfilled all necessary requirements for a protected action ballot. The Deputy President concluded that a notification period was applicable and all conditions under section 443(1) of the Act were met. The Commission also approved the date for closing the ballot, set by the AMWU, and authorised the use of Democratic Outcomes Pty Ltd as the ballot agent. This decision facilitated the scheduled industrial action, pending the outcome of compulsory conciliation efforts to be overseen by another member of the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established