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

[2025] FWC 3048

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

Weir Minerals Australia Ltd

(B2025/1570)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 10 OCTOBER 2025

Proposed protected action ballot of employees of Weir Minerals Australia Ltd – non-AEC ballot agent electronic voting

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 Weir Minerals Australia Ltd (Weir Minerals or Employer).

On 10 October 2025, 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 Tim Ferguson, 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 Weir Minerals, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote 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 24 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR792571.

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 under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Weir Minerals Australia Ltd. The union sought to conduct a ballot concerning potential protected actions, with the process to be overseen by Fair Vote Services Pty Ltd, an approved ballot agent. The employer, Weir Minerals Australia Ltd, did not oppose the application, and the matter was determined by the Commission on the submitted documents without a hearing.

The primary legal issue before the Commission was whether the AMWU had met the statutory requirements for applying for a protected action ballot order. The AMWU had to demonstrate that it had genuinely attempted to reach an agreement with Weir Minerals Australia Ltd and that a notification period existed for the proposed agreement. The union provided a declaration from Tim Ferguson, its Organiser, which outlined the bargaining process and its efforts to reach an agreement with the employer. Additionally, the AMWU had to ensure that the ballot was conducted by an approved ballot agent, which was Fair Vote Services Pty Ltd.

The Deputy President, Wright, concluded that the AMWU had satisfied all the conditions stipulated in section 443(1) of the Fair Work Act. The declaration and evidence provided by the union demonstrated genuine efforts to negotiate, and the approval of Fair Vote Services Pty Ltd as a ballot agent met the requirements of section 468A. Consequently, the Commission determined that the voting period for the ballot would close on 24 October 2025. The decision also set the timeline for a compulsory conciliation conference, to be conducted by another member of the Commission, aimed at facilitating meaningful negotiations between the parties.

In summary, the Fair Work Commission granted the AMWU's application for a protected action ballot order. The decision confirmed the closure date for the ballot as 24 October 2025 and mandated the holding of a compulsory conciliation conference to aid in negotiations. The union's efforts to reach an agreement with the employer and the approval of the ballot agent were recognised, thereby fulfilling the statutory requirements for the ballot order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established