“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union v Anglo Coal (Moranbah North Management) Pty Ltd

[2023] FWC 2878

[2023] FWC 2878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union
v

Anglo Coal (Moranbah North Management) Pty Ltd

(B2023/1199)

DEPUTY PRESIDENT HAMPTON SYDNEY, 1 NOVEMBER 2023

Proposed protected action ballot of employees of Anglo Coal (Moranbah North Management) Pty Ltd

1. 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 Anglo Coal (Moranbah North Management) Pty Ltd (Anglo Coal or Employer). 

1. I observe that there are related applications by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)[1] and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).[2] The applications relate to the same proposed enterprise agreement.

1. On 1 November 2023, the Commission was advised that Anglo Coal did not, in effect, object to the Application as amended.

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

1. On the basis of the material before me, including the declaration of Aaron Neary, AMWU Regional 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 Anglo Coal, 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 T/A CiVS (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 is 17 November 2023.[4] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR767841.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their 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] B2023/1148.

[2] B2023/1167.

[3] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

[4] This is in effect ten (10) working days from the expected commencement of the ballot as sought in the application.

Printed by authority of the Commonwealth Government Printer

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