The Australian Workers' Union v Visy Board Pty Ltd and Visy Paper Pty Ltd in its capacity as the Trustee for the Southern Paper Converters Trust

[2023] FWC 3261

[2023] FWC 3261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Visy Board Pty Ltd and Visy Paper Pty Ltd in its capacity as the Trustee for the Southern Paper Converters Trust

(B2023/1335)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 6 DECEMBER 2023

Proposed protected action ballot of employees of Visy Board Pty Ltd; Visy Paper Pty Ltd in its capacity as the Trustee for the Southern Paper Converters Trust

1. This is an application by the Australian Workers’ Union (AWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Visy Board Pty Ltd and Visy Paper Pty Ltd in its capacity as the Trustee for the Southern Paper Converters Trust (Visy Paper 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 December 2023, the Commission was advised, in effect, that Visy 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 Paul Konaris on behalf of the AWU, 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 Visy, 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 January 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR769081.

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 (B2023/1336). 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] B2023/1336.

[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

<PR769080>