"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Bundaberg Brewed Drinks Pty Ltd [2026] FWC 2279

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 Bundaberg Brewed Drinks Pty Ltd (B2026/695) DEPUTY PRESIDENT HAMPTON ADELAIDE, 22 JUNE 2026 Proposed protected action ballot of employees of Bundaberg Brewed Drinks Pty Ltd – non- AEC ballot agent electronic voting. [1] This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order (PABO) in relation to certain employees of Bundaberg Brewed Drinks Pty Ltd (BBD or Employer). [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)1 has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement. Similar positions and submissions were advanced in that related application involving the Employer, which was determined by the Commission on 19 June 2026 (CEPU Matter). The CEPU and the AMWU are participating in the same bargaining process. [3] On 18 June 2026, the Commission was advised that the Employer objected to the application on the basis that it was in effect unnecessary and premature given “substantial progress having been made” and there being “a limited number of outstanding matters remaining”. Further, the employer submits that the AMWU in making the application is “not reflective of genuine and meaningful engagement on the unresolved issues”. The AMWU noted the Employers concerns but contends that it is a normal feature of bargaining for an agreement to be reached on some matters and not on others. The AMWU further contends that it has met all statutory requirements for the PABO to be made. [4] Neither party sought a hearing and an opportunity to provide further submission and materials was afforded to parties. The parties have relied upon the materials and submissions provided to the Commission as part of the initial processing of the application. In the circumstances and noting the nature of the objection raised, I have accepted the position of the parties at face value and determined the matter on the papers without holding a hearing. [2026] FWC 2279 DECISION -- 1 of 3 -- [2026] FWC 2279 2 [5] The Decision2 in the CEPU Matter (related matter Decision) extensively canvassed the scheme of the Act and the requirements for making of a PABO. This included findings about the required approach in the context of the issues also raised in this matter. There are some issues broached in the CEPU matter that are not fully reflected in the position of BBD here. These are associated with the alleged conduct of the CEPU arising from the last bargaining meeting. Other than on that aspect, this Decision should be read in conjunction with the related matter Decision. [6] Largely for the same reasons, I am satisfied that a valid application has been made and that the Commission is required by the terms of the Act to make the PABO sought. [7] On the basis of the material before me, including the declaration of Jack Mawson Hargreaves, Organiser, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with BBD, 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. [8] The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot. [9] 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 6 July 2026.3 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [10] An Order has been separately issued in PR811204. [11] 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 -- 2 of 3 -- [2026] FWC 2279 3 Printed by authority of the Commonwealth Government Printer <PR811203> 1 B2026/693. 2 [2026] FWC 2260 3 This is, in effect, 10 working days from the making of the Order and was the period sought in the application. -- 3 of 3 --