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)

Diver Metal Products Pty Limited T/A Diver Consolidated Industries

Proposed protected action ballot of employees of Diver Metal Products Pty Ltd T/A Diver Consolidated Industries - AEC ballot

• [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 Diver Metal Products Pty Limited T/A Diver Consolidated Industries (Diver or Employer).

• [2] On 21 October 2025, the Commission was advised that the Employer, in effect, did not object to the Application.

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

• [4] On the basis of the material before me, including the declaration of Chloe Simmons, Industrial Officer, 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 Diver, 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.

• [5] 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 4 December 2025[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [6] An Order has been separately issued in PR792845.

• [7] 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.

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

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