Transport Workers' Union of Australia v Metroll Manufacturing Pty Ltd Summary

[2025] FWC 2066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v

Metroll Manufacturing Pty Ltd

(B2025/1154)

DEPUTY PRESIDENT HAMPTON

MELBOURNE, 17 JULY 2025

Proposed protected action ballot of employees of Metroll Manufacturing Pty Ltd

This is an application by the Transport Workers’ Union (TWU 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 Metroll Manufacturing Pty Ltd (Metroll or Employer).

On 17 July 2025, the Commission was advised that the Employer, 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 Thomas Brennan, Organiser, setting out the steps taken by the TWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Metroll, 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 Vero Engagement and Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

Under the Act, the Commission must determine the ballot period. In exercising the discretion under s.443(3A), I have had regard to the requested period sought by the TWU and the other circumstances of the matter, including the requirements in relation to the orders to attend, and have the Commission conduct, conferences pursuant to s.448A of the Act. I observe that no particular grounds were advanced for the proposed period, however the Commission is obliged to make an order that enables the ballot to be conducted as soon as practicable. I have had regard to these matters and determined that for the purposes of s.443(3)(c) of the Act, the date by which voting is to close is 31 July 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR789720.

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 for 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, 10 working days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers’ Union of Australia has applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for an order permitting a protected action ballot among employees of Metroll Manufacturing Pty Ltd. The employer has indicated that it does not object to the application, leading the Deputy President to decide the matter based on the written submissions without a hearing. The union has demonstrated that it has been genuinely attempting to negotiate with the employer and has satisfied the requirements of section 443(1) of the Act. Vero Engagement and Voting Solutions Pty Ltd, an approved ballot agent under section 468A of the Act, will conduct the ballot.

The central legal issue before the Deputy President was whether the union had met the statutory requirements to hold a protected action ballot. This involved confirming that there was a notification period for the proposed agreement and that the union had genuinely attempted to reach an agreement with the employer. The Deputy President determined that the union had satisfied these criteria based on the declaration from the union's Organiser and the lack of objection from the employer. Additionally, the Deputy President exercised their discretion under section 443(3A) of the Act to set the ballot period, considering the requested timeframe and the need to conduct the ballot as soon as practicable. The Deputy President set the closing date for voting as 31 July 2025.

The Deputy President concluded that the union had met the necessary statutory requirements to conduct a protected action ballot and granted the application. An order was issued to establish the ballot period, and another order was separately issued to schedule a compulsory conciliation conference under section 448A of the Act. This conference is intended to facilitate meaningful negotiations between the parties, with directions likely to be issued to ensure their attendance and preparedness. The matter will be assigned to another member of the Commission for the conciliation conference.

Transport Workers' Union of Australia v Metroll Manufacturing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established