United Workers' Union v Amcor Flexibles (Australia) Pty Ltd Summary

[2025] FWC 2307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Amcor Flexibles (Australia) Pty Ltd

(B2025/1247)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 7 AUGUST 2025

Proposed protected action ballot of employees of Amcor Flexibles (Australia) Pty Ltd.

This is an application by the United Workers’ Union (UWU 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 Amcor Flexibles (Australia) Pty Ltd (Amcor or Employer).

I note that the Australian Manufacturing Workers' Union (AMWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement, and this Order has been granted.

On 6 August 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 Steve Howie, Organiser, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Amcor, 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 21 August 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR790471.

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. That Member will issue an Order requiring the attendance of all bargaining representatives 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] B2025/1248 - PR790454.

[2] This is, in effect, 10 working days from the making of the Order and has been adjusted to align with the ballot closure date in the related matter.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, in this case, dealt with an application by the United Workers' Union (UWU) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Amcor Flexibles (Australia) Pty Ltd (Amcor). The application was made to facilitate a ballot on a proposed enterprise agreement. The Australian Manufacturing Workers' Union (AMWU) had separately applied for a similar order, which had been granted. Amcor did not object to UWU's application, leading the Commission to decide on the matter based on the submitted documents without a hearing.

The central legal issues addressed by the Deputy President included whether UWU had genuinely attempted to negotiate with Amcor and whether all requirements under section 443(1) of the Act were fulfilled. The Commission needed to confirm that a notification period for the proposed agreement existed and that the union had engaged in good faith negotiations. Furthermore, the Commission had to determine the closing date for the voting period in accordance with section 443(3)(c) of the Act.

The Deputy President found that UWU had genuinely attempted to reach an agreement with Amcor and satisfied all the requirements set out in section 443(1) of the Act. The Commission approved Fair Vote Services Pty Ltd as the authorised agent to conduct the ballot. The voting period was set to close on 21 August 2025, aligning with the ballot closure date in the related matter. This decision also established the ballot period for the purpose of section 448A(2) of the Act. The matter will be assigned to another Member of the Commission for a compulsory conciliation conference, with directions to ensure meaningful negotiations between the parties.

United Workers' Union v Amcor Flexibles (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established