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

Proposed protected action ballot of employees of Adbri Masonry Pty Ltd - non-AEC ballot electronic voting

[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 Adbri Masonry Pty Ltd (Adbri or Employer).

[2] On 6 March 2023, the Commission was advised that the Employer, in effect, did not object to the Application. That is, it "take(s) no position in respect to the Commission determining the application or to the making of a protected action ballot order, but expressly reserves all of its rights under the Fair Work Act 2009 in relation to any industrial action that may be notified or taken pursuant to any ballot order."

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. I have done so, given my satisfaction that the materials and evidence before the Commission enable me to determine each of the presently relevant requirements of the Act.

[4] On the basis of the material before me, including the declaration of Ethan Taylor Marano, 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 Adbri, 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] The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot.

• [6] 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 20 March 2026.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[7] An Order has been separately issued in PR797450.

[8] 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, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer