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

[2023] FWC 1768

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

Wood Group Australia Pty Ltd

(B2023/722)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 JULY 2023

Proposed protected action ballot of employees of Wood Group 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) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Wood Group Australia Pty Ltd (Wood Group or Respondent).

On 20 July 2023, the Commission was advised that the Respondent did not object to the Application as amended to resolve a minor drafting issue concerning the proposed Order.

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 Mr Gary Strauss, AMWU Organiser, setting out the steps taken by the AMWU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Wood Group, 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 the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of ten (10) working days from the date of the Order (20 July 2023) has been approved by the Commission.

An Order has been separately issued in PR764408.

This matter will be assigned to another Member of the Commission to conduct the s.448A conference and this Member will issue the Order requiring 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) filed an application under section 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Wood Group Australia Pty Ltd (Wood Group). The AMWU, represented by Mr. Gary Strauss, sought to conduct a ballot to authorise protected industrial action due to ongoing negotiations with Wood Group. Wood Group did not object to the application, and the matter was determined on the papers. The Commission considered the AMWU's declaration detailing the steps taken during bargaining and found that all requirements under section 443(1) of the Act were met, including the notification time for the proposed agreement.

The legal issues before the Commission involved determining whether the AMWU had met the statutory requirements to conduct a ballot for protected industrial action. This included verifying the notification time for the proposed agreement, confirming the AMWU's genuine efforts in bargaining, and ensuring compliance with section 443(1) of the Act. Additionally, the Commission had to assess the suitability of the ballot agent, Democratic Outcomes Pty Ltd T/A CiVS (CiVS), which had recently been approved under section 468A of the Act.

The Commission found that the AMWU had satisfied all conditions necessary to conduct the ballot, including the notification time and the requirements under section 443(1) of the Act. The Commission approved the use of CiVS as the ballot agent and set a ballot period of ten working days from the date of the order. The decision was made without a hearing, as Wood Group did not object to the application. The Commission also noted that a separate order was issued in PR764408 and that another Member would conduct the section 448A conference to facilitate further negotiations between the parties.

The Commission issued an order granting the AMWU's application for a protected action ballot. The ballot would be conducted by CiVS, with a period of ten working days starting from 20 July 2023. This decision aimed to facilitate the negotiation process and allow the AMWU to proceed with the ballot to authorise protected industrial action if necessary.

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