"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union v Graphic Packaging International Australia Converting Ltd

[2024] FWC 2028

[2024] FWC 2028

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

Graphic Packaging International Australia Converting Ltd

(B2024/958)

COMMISSIONER PERICA MELBOURNE, 31 JULY 2024

Proposed protected action ballot of employees of Graphic Packaging International Australia Converting 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) made under s 437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Graphic Packaging International Australia Converty Ltd (Graphic Packaging). 

1. On 30 July 2024, the Commission was advised that Graphic Packaging did not object to the Application but requested an extension to provide its list of eligible employees to the ballot agent by 5 August 2024, rather than the one working day from the issue of the Order in the AMWU’s draft Order. The AMWU objected to this request.

1. At 3:12PM on 30 July 2024 the Commission sent an e-mail requiring Graphic Packaging to confirm whether it wished to press its request and to provide an outline of its objection by 10:00 AM on 31 July 2024; otherwise, the application would proceed on the material provided. No correspondence was received.

1. On the basis of the material before me, including the declaration of Stephen Fodrocy, Industrial Officer 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 Vero Engagement & Voting Solutions Pty Ltd trading as Vero Voting (Vero). Vero has been approved as an eligible protected action ballot agent under s 468A of the Act[1] 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 14 August 2024.[2] This also establishes the ballot period for the purpose of s 448A(2) of the Act.

1. An Order has been separately issued in PR777707.

1. This matter will shortly be listed for a s 448A compulsory conciliation conference. An Order will be issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

[1] Vero Engagement & Voting Solutions Pty Ltd T/A Vero Voting[2023] FWC 1531.

[2] This is in effect 10 working days from the date of the order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR777709>