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 Scania Australia Pty. Limited.

• [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 Scania Australia Pty Limited (Scania or Employer).

• [2] On 26 March 2025, the Commission was advised that the Employer objected to the application. I listed the matter for Hearing on 27 March 2025. At the commencement of the

Hearing, the parties agreed that I would conduct a Conference. At the conclusion of the

Conference, the Employer advised that it no longer objected to the application. As such, I have decided to determine the matter on the papers without the need to resume the Hearing.

• [3] 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 Scania, 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.

• [4] 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.

• [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 10 April 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 PR785604.

• [7] This matter will be assigned to a Member of the Commission to conduct the s.448A compulsory conciliation conference. The 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, 10 working days from the making of the Order and was the period sought in the application.

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