"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Ventia Australia Pty Ltd Summary

[2024] FWC 2749

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

Ventia Australia Pty Ltd

(B2024/1289)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 2 OCTOBER 2024

Proposed protected action ballot of employees of Ventia Australia 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 Ventia Australia Pty Ltd (Ventia or Employer).

On 2 October 2024, the Commission was advised that the Employer 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 Andrew Bonello, Industrial Officer, AMWU Victorian Branch, 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 Ventia, 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 Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero 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 14 October 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 PR779866.

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 for 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, eight (8) working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the Australian Manufacturing Workers' Union (AMWU) for a protected action ballot order in relation to certain employees of Ventia Australia Pty Ltd. The application was made under section 437 of the Fair Work Act 2009 and was not opposed by the employer. The application pertains to the union's intent to conduct a ballot to authorize protected action, which can include strikes and lockouts, among employees of Ventia Australia Pty Ltd. The Commission determined the matter on the basis of the submitted documentation, including a declaration from an AMWU Industrial Officer, which outlined the union's efforts in bargaining with the employer and their genuine intent to reach an agreement.

The legal issues that the Commission needed to decide involved verifying that the union had fulfilled all the necessary requirements to hold a protected action ballot under the Fair Work Act. This includes establishing that a notification period for the proposed agreement exists and that the union has genuinely attempted to reach an agreement with the employer. The Commission also had to ensure that the ballot agent, Vero Engagement & Voting Solutions Pty Ltd, was approved and authorized to conduct the ballot. The Commission was satisfied that the AMWU had met all the statutory requirements and that the ballot agent was appropriately approved.

Based on the information provided, the Commission concluded that all the requirements for a protected action ballot had been met and issued an order granting the AMWU's application. The order sets a closing date for voting on 14 October 2024, which also serves as the ballot period. The Commission further directed that the matter would proceed to a compulsory conciliation conference under section 448A of the Act, where the employer and the union are required to attend and engage in meaningful negotiations. This decision ensures that the union can proceed with its ballot while also facilitating a conciliation process to potentially resolve the underlying dispute.

The final order issued by the Commission not only permits the AMWU to conduct the ballot but also schedules the compulsory conciliation conference, indicating the Commission's intent to actively assist in resolving the dispute through negotiation. The orders ensure that both the procedural rights of the union to organize a ballot and the statutory obligations of the employer to engage in good faith negotiations are upheld.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established