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 Inver Engineering Pty Ltd - AEC ballot agent

[1] "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU or applicant) applied under s 437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Inver Engineering Pty Ltd (employer).

[2] I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement in FWC Matter B2026/169. In the interests of efficiency, and with the parties' agreement, I dealt with both matters together.

[3] On 27 February 2026, Inver advised the Commission that it objected to the application on the grounds that AMWU were not genuinely trying to reach an agreement.

[4] I listed the matter for a hearing and conducted a conciliation conference at the commencement of the hearing. As a result of the discussions in that conference, Inver withdrew its objection.

[5] On the basis of the material before me, including the declaration of Andrew Bonello, Industrial Officer, setting out the steps taken by the AMWU in bargaining with Inver, I am satisfied that it has been, and is, genuinely trying to reach agreement with Inver. 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 Australian Electoral Commission (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 16 April 2026.[1] This also establishes the ballot period for the purpose of s 448A(2) of the Act.

[8] An Order has been separately issued in PR797282.

[9] Section s 448A of the Act provides that the Commission must order the bargaining representatives for the proposed enterprise agreement to attend a conference for the purposes of mediation or conciliation in relation to the Agreement.

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

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