"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Renold Australia Proprietary Limited [2024] FWC 1410

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 Renold Australia Proprietary Limited (B2024/691) COMMISSIONER YILMAZ MELBOURNE, 29 MAY 2024 Proposed protected action ballot of employees of Renold Australia Proprietary 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 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 Renold Australia Proprietary Limited (Renold or Employer). [2] On 27 May 2024, the AMWU filed its application and on 28 May 2024, the Commission was advised by the Employer that it objected to the Application. [3] On 28 May 2024, a hearing was scheduled where the Employer confirmed its objections to the application on the following grounds: that the application is premature on the basis that an agreement is currently subject to the access period for vote on 4 June 2024, that the application contains an error regarding the agreement nominal expiry date and the application fails to include any reference to the other bargaining representatives. In the circumstances, the parties were directed to file and serve further written submissions and a hearing date was set for 29 May 2024. [4] On 29 May 2024, before the filing of written submissions, the Employer advised it withdrew its objections, however requested corrections be made to the enterprise agreement referred to in the Form F34 and Form F34B. The forms incorrectly refer to the Renold Australia - Mulgrave Factory - Enterprise Agreement 2020 which has a nominal expiry date of 30 September 2022. This should reference the Renold Australia - Mulgrave Factory - Enterprise Agreement 2023 which was approved on 6 July 2023 with a nominal expiry date of 31 March 2024. [5] The AMWU consented to the correction to reflect the current agreement in the forms, and pursuant to s.586 of the Act the amendment is made. The hearing was subsequently vacated and I have determined this matter on the papers. [2024] FWC 1410 DECISION -- 1 of 2 -- [2024] FWC 1410 2 [6] On the basis of the material before me, including the declaration of Chloe Simmons, 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 it, 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. [7] The ballot is to be conducted by the Australian Electoral Commission (AEC). [8] For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (10 July 2024) has been established by this Commission.1 [9] An Order has been separately issued in PR775461. [10] A further listing will be sent out from my Chambers scheduling a s.448A conference. I will issue the Order requiring attendance of all bargaining representatives 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. COMMISSIONER Printed by authority of the Commonwealth Government Printer < PR775462> 1 This is the minimum period required by the Australian Electoral Commission. -- 2 of 2 --