"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v John Holland Pty Ltd, Service Stream Utilities Pty Ltd and Service Stream Maintenance Pty Ltd, trading as D4C [2023] FWC 1849

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 John Holland Pty Ltd, Service Stream Utilities Pty Ltd and Service Stream Maintenance Pty Ltd, trading as D4C (B2023/751) DEPUTY PRESIDENT HAMPTON ADELAIDE, 27 JULY 2023 Proposed protected action ballot of employees of John Holland Pty Ltd, Service Stream Utilities Pty Ltd and Service Stream Maintenance Pty Ltd, trading as D4C [1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of John Holland Pty Ltd, Service Stream Utilities Pty Ltd and Service Stream Maintenance Pty Ltd, trading as D4C (D4C or Employer). [2] On 26 July 2023, the Commission was advised that D4C 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] On the basis of the material before me, including the declaration of Mr Nathan Everson, AMWU Industrial Organiser, 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 D4C, 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. [5] The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act1 and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of ten (10) working days from the date of the Order (27 July 2023) has been approved by the Commission. I observe that this is, in effect, the same ballot period proposed2 in the draft Order. [6] I have also slightly modified clause 3 of the proposed Order to remove an obvious duplication. [2023] FWC 1849 DECISION -- 1 of 2 -- [2023] FWC 1849 2 [7] An Order has been separately issued in PR764628. [8] This matter will be assigned to another Member of the Commission to conduct the s.448A conference and this Member will issue the Order requiring attendance 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 <PR764629> 1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400 2 7 working days from the Commencement Date of the ballot. -- 2 of 2 --