The Australian Workers' Union v Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide

[2023] FWC 2568

[2023] FWC 2568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide

(B2023/1051)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 6 OCTOBER 2023

Proposed protected action ballot of employees of Reliance Worldwide Corporation (Aust) Pty Ltd

1. This is an application by the Australian Workers’ Union (AWU 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 Reliance Worldwide Corporation (Aust) Pty Ltd T/A Reliance Worldwide (Reliance Worldwide or Employer). 

1. I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

1. On 6 October 2023, the Commission was advised that Reliance Worldwide, in effect, did not object to the Application as amended.[2]

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing, based on the revised draft order.  

1. On the basis of the material before me, including the declaration of Ms Marina Chambers, AWU Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Reliance Worldwide, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act[3] 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 20 October 2023.[4] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. The sequence of Clauses 13 and 14 in the proposed order was rearranged to reflect the Commission’s normal practice.

1. An Order has been separately issued in PR766882.

1. 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 (B2023/1034). 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] B2023/1034.

[2] The Employer initially raised safety concerns regarding two questions of the proposed ballot. In response, the Applicant provided an amended application noting an exception for safety concerns at 9.36am AEST 6 October 2023.

[3] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.

[4] This is, in effect, ten (10) working days from the date of effect of the Order.

Printed by authority of the Commonwealth Government Printer

<PR766881>