"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Dow Performance Materials (Australia) Pty Ltd [2025] FWC 2256

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 Dow Performance Materials (Australia) Pty Ltd (B2025/1228) DEPUTY PRESIDENT HAMPTON ADELAIDE, 1 AUGUST 2025 Proposed protected action ballot of employees of Dow Performance Materials (Australia) Pty Ltd [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 Dow Performance Materials (Australia) Pty Ltd (Dow Performance or Employer). [2] I note that the Construction, Forestry and Maritime Employees Union (CFMEU) has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.1 [3] On 1 August 2025 the Commission was advised that the Employer did not object to the Application. [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 Andrew Bonello, Industrial Officer, 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 Dow Performance, 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). [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 12 September 2025.2 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [8] An Order has been separately issued in PR790286. [2025] FWC 2256 DECISION -- 1 of 2 -- [2025] FWC 2256 2 [9] 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/s. To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance 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 Printed by authority of the Commonwealth Government Printer <PR790287> 1 B2025/1216 2 This is, in effect, 30 working days from the making of the Order and was the period sought in the application. -- 2 of 2 --