[2025] FWC 2213

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 Solvay Interox 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 Solvay Interox Pty Ltd (Solvay Interox or Employer).

• [2] On the basis of the material before me, including the declaration of Ray Shortill, Lead 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 Solvay Interox, 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.

• [3] The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

• [4] 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 13 August 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [5] An Order has been separately issued in PR790153.

• [6] The s.448A compulsory conciliation conference will be held by videoconference using Microsoft Teams at 3:00pm on 7 August 2025. An Order and Directions will be issued requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference, and to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[1] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

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