“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union v Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans Australasia

[2023] FWC 2613

[2023] FWC 2613

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

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans Australasia

(B2023/1065)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 10 OCTOBER 2023

Proposed protected action ballot of employees of Orora Packaging Australia Pty Ltd Trading As Orora Beverage Cans Australasia

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 Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans Australasia (Orora Beverage Cans or Employer). 

1. On 10 October 2023, the Commission was advised, in effect, that Orora Beverage Cans did not object to the Application.

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 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 Orora Beverage Cans, 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 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 22 November 2023.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR767037.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement 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] 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. The Applicant sought the ballot close date as 28 working days, which has been extended by two days to meet the requirements of the AEC.

Printed by authority of the Commonwealth Government Printer

<PR767036>