Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Metal Manufacturers Pty Limited T/A MM Kembla

[2023] FWC 2693

[2023] FWC 2693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

v

Metal Manufacturers Pty Limited T/A MM Kembla

(B2023/1096)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 16 OCTOBER 2023

Proposed protected action ballot of employees of Metal Manufactures Pty Limited Trading as MM Kembla.

1. This is an application by the Communications, Electrical, Electronic, Energy, Information, postal, plumbing and Allied Services Union of Australia (CEPU 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 Metal Manufactures Pty Limited T/A MM Kembla (MM Kembla or Employer). 

1. I observe that there are related applications by the United Workers’ Union (UWU) in B2023/1079 and Australian Manufacturing Workers' Union (AMWU) in B2023/1092. The applications relate to the same proposed enterprise agreement.

1. On 16 October 2023, the Commission was advised that MM Kembla did not, in effect, object to the Application.

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

3. On the basis of the material before me, including the declaration of Mr Stewart Edward, Organiser, setting out the steps taken by the CEPU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with MM Kembla, 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.  

4. 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 27 November 2023.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

5. An Order has been separately issued in PR767280.

6. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference in conjunction with the related matters. To the extent that this involves additional bargaining representatives, 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 30 working days from the date of the Order, which is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

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