"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Rheem Australia Pty Limited [2024] FWC 3062

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 Rheem Australia Pty Limited (B2024/1433) DEPUTY PRESIDENT WRIGHT SYDNEY, 6 NOVEMBER 2024 Proposed protected action ballot of employees of Rheem Australia Pty 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 Rheem Australia Pty Limited (Rheem or Employer). [2] On 5 November 2024, the Commission was advised that the Employer, in effect, did not object to the Application. [3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. [4] 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, on the basis of the material before me, including: 1. the declaration of Raymund Shortill, Organiser, dated 4 November 2024, setting out the steps taken by the AMWU in bargaining with the Employer; 2. the email dated 5 November 2024 from Katie Hossain, Senior Adviser, Workplace Relations, Australian Industry Group, on behalf of the Employer, seeking to correct some aspects of Mr Shortill’s declaration. [5] The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot. [6] 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 20 November 2024.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [2024] FWC 3062 DECISION -- 1 of 2 -- [2024] FWC 3062 2 [7] An Order has been separately issued in PR780974. [8] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the 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. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR780975> 1 This is, in effect, 10 working days from the making of the Order and was the period sought in the application. -- 2 of 2 --