[2025] FWC 2613

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 AKD NSW 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 AKD NSW Pty Ltd (AKD NSW or Employer).

• [2] I note that the Construction, Forestry and Maritime Employees Union (CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)[1] have made separate applications for protected action ballot orders in relation to the same proposed enterprise agreement.

• [3] On 3 September 2025, the AKD NSW advised the Commission that it did not object to the protected action ballot order being made. However, it requested that the ballot agent be the Australian Electoral Commission (AEC) in lieu of the entity set out in the original application. In correspondence to the Commission, the CFMEU consented to change the ballot agent to the AEC and lodged an amended draft order.[2]

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

• [5] On the basis of the material before me, including the declaration of Belinda Griggs, 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 AKD NSW, 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 AEC.

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

• [8] An Order has been separately issued in PR791407.

• [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 matters if a protected action ballot order is ultimately granted in those applications. 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] The amended application was provided to the AEC.

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

Printed by authority of the Commonwealth Government Printer