"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union v Keppel Prince Engineering Pty Ltd
[2024] FWC 558
•4 MARCH 2024
| [2024] FWC 558 |
| 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
Keppel Prince Engineering Pty Ltd
(B2024/170)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 4 MARCH 2024 |
Proposed protected action ballot of employees of Keppel Prince Engineering 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 Keppel Prince Engineering Pty Ltd (Keppel or Employer) who are currently covered by the Keppel Prince Enterprise Agreement 2021 for the Portland Aluminium Site (Portland Enterprise Agreement) and the Keppel Prince Enterprise Agreement 2021 for Workshops (Workshops Enterprise Agreement).[1]
I note that the Australian Workers’ Union (AWU) have also made two separate related applications for a protected action ballot order. One application (B2024/171) relates to employees currently covered by the Workshops Enterprise Agreement. The other (B2024/173) relates to employees currently covered by the Portland Enterprise Agreement.
On 1 March 2023, the Commission was advised that Keppel, 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 Mr Stephen Fodrocy on behalf of the AMWU, 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 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.
The ballot is to be conducted by the Australian Electoral Commission. 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 18 April 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An order has been separately issued in PR771973.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter (B2024/171 and B2024/173). 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] On 1 March 2024, the Commission emailed the Applicant to confirm their intention regarding whether the proposed ballot in the case of its application relates to two proposed agreements or one proposed agreement covering both groups of employees. The AMWU advised confirmed ‘that the application applies to both the Portland EA and the Workshops EA’.
[2] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.
Printed by authority of the Commonwealth Government Printer
<PR771974>
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