[2025] FWC 2451

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)

Proposed protected action ballot of employees of Superior PAK 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 Superior PAK Pty Ltd (Superior PAK or Employer).

• [2] On 19 August 2025, the Commission was advised that the Employer did not oppose the making of the order but sought amendments to several of the proposed questions set out in clause 5, and highlighted some other drafting issues in their version of an amended order. The AMWU did not consent to these proposed changes, however offered a "safety undertaking" which was ultimately accepted.

• [3] In the circumstances, I have today held a hearing to determine the matter. During the course of the hearing, the parties advised that a consent position had been reached on one of the proposed questions, and that the Employer no longer pressed the remaining changes to the questions and the other drafting issues. Having explored the basis for that agreed position, I have granted leave to amend the application to reflect the position reached between the parties in the course of the hearing and now determined the application.

• [4] The undertaking the AMWU will provide to the Employer in any notice of industrial action is as follows:

The AMWU undertakes to ensure that in an emergency situation where there is a risk to personal health or safety and where no other workers are available, AMWU members will be available to perform work. AMWU members will not engage in industrial action that would endanger the life, personal safety, health or welfare of the population or part thereof.

• [5] On the basis of the material before me, including the declaration of Jack Hargreaves, 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 Superior PAK, 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 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.

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

• [8] The structure of the draft order has been amended to reflect the Fair Work Commission's standard template and this includes certain provisions that were discussed with the parties during the hearing.

• [9] An Order has been separately issued in PR790873.

• [10] 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 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.

P Nguyen, with J Hargreaves for the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).

M Waters of MRH Lawyers (with permission), with P Johnson and W Kruger for Superior PAK Pty Ltd.

[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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