"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Otis Elevator Company Pty Ltd [2026] FWC 2465

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 Otis Elevator Company Pty Ltd (B2026/756) DEPUTY PRESIDENT CROSS SYDNEY, 1 JULY 2026 Proposed protected action ballot of employees of Otis Elevator Company Pty Ltd – non-AEC ballot 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 in relation to certain employees of Otis Elevator Company Pty Ltd (Otis or Employer). [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.1 [3] On 1 July 2026, the Commission was advised that the Employer did not object to the Application. The parties reached a consent position on that issue. [4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. [5] On the basis of the material before me, including the declaration of Joe Watson, 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 Otis, 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 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 is authorised to conduct the ballot. 1 B2026/745. [2026] FWC 2465 DECISION -- 1 of 2 -- [2026] FWC 2465 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 15 July 2026.2 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [8] An Order has been separately issued in PR811597. [9] This matter will be listed shortly to conduct the s.448A compulsory conciliation conference along with the other related matter3. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR811598> 2 This is, in effect, 10 working days from the making of the Order and was the period sought in the application. 3 B2026/745 -- 2 of 2 --