"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Simpec Pty Ltd [2024] FWC 380

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 Simpec Pty Ltd (B2024/116) DEPUTY PRESIDENT HAMPTON ADELAIDE, 13 FEBRUARY 2024 Proposed protected action ballot of employees of Simpec 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 Simpec Pty Ltd (Simpec or Employer). [2] On 12 February 2024, the Commission was advised that the Employer did not object to the Application. [3] On the basis of the material before me, including the declaration of Simon Rushworth, AMWU Organiser, setting out the steps taken by the Applicant in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with them, 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. [4] 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 Act1 and consequently is authorised to conduct the ballot. [5] 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 27 February 2024.2 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [6] An Order has been separately issued in PR771240. [7] This matter will shortly be allocated to another Member of the Commission and listed for a s.448A compulsory conciliation conference. An Order will be issued requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement at [2024] FWC 380 DECISION -- 1 of 2 -- [2024] FWC 380 2 the conference. 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 <PR771239> 1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400. 2 This is, in effect, 10 working days from the date of the order, as sought in the application. -- 2 of 2 --