"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Inver Engineering Pty Ltd [2026] FWC 694

1 Fair Work Act 2009 s.437 - Application for a protected action ballot order "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Inver Engineering Pty Ltd (B2026/167) COMMISSIONER TRAN MELBOURNE, 2 MARCH 2026 Proposed protected action ballot of employees of Inver Engineering Pty Ltd – AEC ballot agent [1] "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU or applicant) applied under s 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Inver Engineering Pty Ltd (employer). [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement in FWC Matter B2026/169. In the interests of efficiency, and with the parties’ agreement, I dealt with both matters together. [3] On 27 February 2026, Inver advised the Commission that it objected to the application on the grounds that AMWU were not genuinely trying to reach an agreement. [4] I listed the matter for a hearing and conducted a conciliation conference at the commencement of the hearing. As a result of the discussions in that conference, Inver withdrew its objection. [5] On the basis of the material before me, including the declaration of Andrew Bonello, Industrial Officer, setting out the steps taken by the AMWU in bargaining with Inver, I am satisfied that it has been, and is, genuinely trying to reach agreement with Inver. 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. [6] The ballot is to be conducted by the Australian Electoral Commission (AEC). [2026] FWC 694 DECISION -- 1 of 2 -- [2026] FWC 694 2 [7] 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 16 April 2026.1 This also establishes the ballot period for the purpose of s 448A(2) of the Act. [8] An Order has been separately issued in PR797282. [9] Section s 448A of the Act provides that the Commission must order the bargaining representatives for the proposed enterprise agreement to attend a conference for the purposes of mediation or conciliation in relation to the Agreement. COMMISSIONER Appearances: Mr A Bonello, on behalf of the Applicant. Mr A Clack, on behalf of the Respondent. Hearing details: 2026 Via Video 2 March Printed by authority of the Commonwealth Government Printer <PR797283> 1 This is, in effect, 30 working days from the making of the Order and was the date sought in the application. -- 2 of 2 --