"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Laminex Group Pty Limited [2024] FWC 1071

[2024] FWC 1071 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 Laminex Group Pty Limited (B2024/472) DEPUTY PRESIDENT HAMPTON ADELAIDE, 24 APRIL 2024 Proposed protected action ballot of employees of Laminex Group Pty Limited [1] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU or Applicant) has made an application under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Laminex Group Pty Limited (Laminex or Employer). [2] I note that the Construction, Forestry and Maritime Employees Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have made separate applications for a protected action ballot order in relation the same proposed agreement.1 [3] On 23 April 2023, the Commission was advised that Laminex 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 Paul Allan McGrath, Organiser, setting out the steps taken by the AMWU in bargaining with the Employer and that they have been, and are, genuinely trying to reach agreement with Laminex, 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 (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. 1 B2024/471 and B2024/473. 2 [2023] FWC 1400. DECISION -- 1 of 2 -- [2024] FWC 1071 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 9 May 2024.3 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [8] I have reordered some of the clauses in the Order, to align with the Commission's standard drafting style. [9] Ther Order has been separately issued in PR773939. [10] 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. That Member will issue an Order requiring the attendance of all bargaining representatives for 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 < PR773941> 3 This is, in effect, ten (10) working days from the date of the Order, as sought in the application. -- 2 of 2 --