"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union v Arnott's Biscuits Limited

[2024] FWC 626

[2024] FWC 626

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
v

Arnott's Biscuits Limited

(B2024/200)

DEPUTY PRESIDENT WRIGHT SYDNEY, 11 MARCH 2024

Proposed protected action ballot of employees of Arnott’s Biscuits Limited

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 Arnott’s Biscuits Limited (Arnott’s or Employer).

1. I note that the “AMWU[1] and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[2] have made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 8 March 2024, the Commission was advised that the Employer did not object to the Application.

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

2. On the basis of the material before me, including the declaration of Daniel Lacey, AMWU Organiser (Qld/NT), setting out the steps taken by the Applicant in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with them, 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 (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.

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 25 March 2024.[3]  This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I have reordered the Applicant’s proposed order to align with the Commission’s standard drafting style.

1. An Order has been separately issued in PR772211.

1. This matter will shortly be allocated to another Member of the Commission and listed for a s.448A compulsory conciliation conference along with related matter B2024/198. 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] B2024/200

[2] B2024/198

[3]  This is, in effect, 10 working days from the making of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR772212>