"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Energy Queensland Limited [2024] FWC 364

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 Energy Queensland Limited (B2024/105) DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 FEBRUARY 2024 Proposed protected action ballot of employees of Energy Queensland Limited [1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (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 Energy Queensland Limited (Energy Queensland or Employer). [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Australian Municipal, Administrative, Clerical and Services Union (ASU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) have each made a separate application for a protected action ballot order in relation to the same proposed agreement.1 [3] On 9 February 2024, the Commission was advised that Energy Queensland did not, in effect, 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 Daniel William Lacey, Organiser, AMWU QLD/NT Branch, 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 Energy Queensland, 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 Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act2 and consequently is authorised to conduct the ballot. [2024] FWC 364 DECISION -- 1 of 2 -- [2024] FWC 364 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 4 March 2024.3 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [8] An Order has been separately issued in PR771187. [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 matters (B2024/107, B2024/108, B2024/112). That Member will issue an Order requiring the attendance of all bargaining representatives involved 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 <PR771188> 1 B2024/107, B2024/108 and B2024/112. 2 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400. 3 This is, in effect, fifteen (15) working days from the date of the Order, as sought in the application. -- 2 of 2 --