[2025] FWC 2053

Fair Work Act 2009

s.437 - Protected action

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

Proposed protected action ballot of employees of Otis Elevator Company Pty Ltd

• [1] This decision concerns an application made on 14 July 2025 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 (the Act) for a protected action ballot order in relation to certain employees of Otis Elevator Company Pty Ltd (Otis or Employer).

• [2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.[1]

• [3] After discussion with the Applicant, Otis dropped its initial objection to the application and the AMWU filed an amended Form F34 on 16 July 2025.

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

• [5] On the basis of the material before me, including the declaration of Stephen Fodrocy, Andrew Bonello and Chloe Simmons, Industrial Officers, setting out the steps taken by the AMWU in bargaining with the Employer and that Otis 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.

• [6] The ballot is to be conducted by the Australian Electoral Commission.

• [7] For the purposes of s.443(3)(c) of the Act, the Fair Work Commission (the Commission) has determined that the date by which voting is to close is 27 August 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] An Order has been separately issued in PR789697.

• [9] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. 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.

[2] This is, in effect, 30 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer