"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v ASC Pty Ltd [2023] FWC 3043

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 ASC Pty Ltd (B2023/1278) DEPUTY PRESIDENT HAMPTON ADELAIDE, 21 NOVEMBER 2023 Proposed protected action ballot of employees of ASC 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 ASC Pty Ltd (ASC or Employer). [2] On 20 November 2023, the Commission was advised that the ASC did not, in effect, 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 Jade Cochrane, Union 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 the ASC, 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 been approved as an eligible protected action ballot agent under s 468A of the Act1 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 8 December 2023.2 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] I have amended items 7 and 12 within Clause five (5) of the proposed order to correct minor typographical errors that were identified by the parties. [8] An Order has been separately issued in PR768451. [2023] FWC 3043 DECISION -- 1 of 2 -- [2023] FWC 3043 2 [9] 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 involved 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 <PR768452> 1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400. 2 This is, in effect, 10 working days from the expected Commencement Date of the ballot, as sought in the application. -- 2 of 2 --