| [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>
- AGLC
- "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
- Case
- [2024] FWC 558
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the AMWU had genuinely attempted to reach an agreement with the employer and if the notification period for the proposed agreement was met. Additionally, the court had to determine a suitable date for the closure of voting in the ballot, ensuring that it allowed sufficient time for the Australian Electoral Commission to conduct the ballot. The AMWU submitted that it had been genuinely attempting to reach an agreement with the employer and had followed the necessary steps to meet the requirements of the Fair Work Act 2009. The employer did not contest the application, which facilitated the decision-making process.
In determining the application, the Deputy President was satisfied that the AMWU had genuinely tried to reach an agreement with the employer and that all requirements of the Fair Work Act 2009 had been met. The court decided that the date for the closure of voting in the ballot would be 18 April 2024, providing the Australian Electoral Commission with 30 working days to conduct the ballot. The court also noted that another member of the Commission would handle the compulsory conciliation conference, ensuring that the parties were prepared for meaningful negotiations. This decision sets the stage for the upcoming ballot and the potential negotiation process to resolve the dispute.
The final orders included the approval of the ballot and the establishment of the ballot period closing on 18 April 2024. Furthermore, the Commission would issue an order requiring the attendance of any additional bargaining representatives at the conciliation conference, with directions to ensure that the parties were prepared for meaningful negotiations. The matter was assigned to another member for the conciliation conference, reflecting the Commission's commitment to facilitating a resolution to the dispute.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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