"Automotive, Food, Metals, Engineering, Printing and Kindred Industries... [2024] FWC 1309 | Case summary | Zoe

CTHFWC

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Cockburn Cement Limited [2024] FWC 1309

[2024] FWC 1309

Fair Work Commission|2024-05-17

At a glance

AI case summary

Result

procedural. Protected action ballot order granted. Voting to close on 6 June 2024. s 448A compulsory conciliation conference to be listed with related matters.

Key principles

The Fair Work Commission may determine an application for a protected action ballot order under s 437 of the Fair Work Act 2009 on the papers without holding a hearing where the...
For the purposes of s 443(1) of the Fair Work Act 2009, the Commission must be satisfied that there is a notification time in relation to the proposed agreement and that all...
A declaration from a union organiser setting out the steps taken in bargaining and that the union has been and is genuinely trying to reach agreement with the employer is...
An eligible protected action ballot agent approved under s 468A of the Fair Work Act 2009 is authorised to conduct the protected action ballot (paragraph [6]).

Issues before the court

Whether the Commission should grant a protected action ballot order under s 437 of the Fair Work Act 2009
Whether the Commission may determine the application on the papers without a hearing

Plain English Summary

The Australian Manufacturing Workers' Union applied to the Fair Work Commission for permission to hold a ballot so that employees of Cockburn Cement Limited could vote on taking protected industrial action during bargaining for a new workplace agreement. The employer did not oppose the application. The Commission decided the matter based on written documents without holding a hearing. The Commission was satisfied that the union had genuinely tried to reach agreement with the employer and that all legal requirements were met. The Commission approved the ballot to be conducted by Democratic Outcomes Pty Ltd, with voting to close on 6 June 2024. The Commission also indicated it would arrange a compulsory conciliation conference to help the parties negotiate.

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Judgment (17 paragraphs)

[1]

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Cockburn Cement Limited [2024] FWC 1309 (17 May 2024)

[2]

[2024] FWC 1309

[3]

Fair Work Act 2009

[4]

s.437 - Protected action

[5]

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

[6]

Proposed protected action ballot of employees of Cockburn Cement Limited

[7]

[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 Cockburn Cement Limited (CC or Employer).

[8]

[2] I note that the Australian Workers' Union (AWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Transport Workers' Union (TWU) have each made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

[9]

[3] On 17 May 2024, the Commission was advised that the Employer did not object to the Application.

[10]

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[11]

[5] On the basis of the material before me, including the declaration of Renee Portland, 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 CC, 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.

[12]

[6] 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.

[13]

[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 6 June 2024.[2] This also establishes the ballot period for the purpose of s 448A(2) of the Act.

[14]

[8] An Order has been separately issued in PR775144.

[15]

[9] A s 448A compulsory conciliation conference along with the other related matters (B2024/545, B2024/551, B2024/559) will be listed. To the extent that this matter involves any additional bargaining representatives, an Order will issue requiring their 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.

[16]

[2] This is, in effect, ten (10) working days from the Commencement Date, as sought in the application.

[17]

Printed by authority of the Commonwealth Government Printer