1 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) v Crown Equipment Pty Ltd T/A Crown (B2024/54) COMMISSIONER HUNT BRISBANE, 29 JANUARY 2024 Proposed protected action ballot of employees of Crown Equipment Pty Ltd Trading As Crown [1] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has made an application under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order (PABO) in relation to certain employees of Crown Equipment Pty Ltd T/A Crown (the Respondent). [2] The Respondent notified an objection to the application in respect to the period in which the ballot would close being too short, proposed at five working days. I notified the parties of my views that the proposed ballot period of five working days is far too short to allow time for a compulsory conference under s.448A to be convened. Accordingly, I proposed to extend the ballot period to 10 working days and sought the AMWU’s views. The AMWU responded shortly thereafter consenting to the ballot period being amended to close on 15 February 2024, being 13 working days. [3] I sought the views of the Respondent, in which the Respondent advised it pressed its objection and sought for 30 working days as to be the appropriate duration for the ballot period. As a result, I listed the matter for hearing on 29 January 2024. Evidence given during the hearing [4] No written evidence was provided by the Respondent prior to the hearing. [5] During the hearing I heard oral evidence of Mr Anthony Day, Employment Relations Officer. He stated that there are eight employees to be covered by the proposed agreement who have completed bargaining nomination forms and participated in bargaining. Pursuant to s.176(4) of the Act, individuals are entitled to nominate themselves as a bargaining representative. [6] Mr Bill Thanas, AMWU Assistant State Secretary, gave oral evidence during the hearing. He stated that all eight employees who have nominated themselves to bargain have [2024] FWC 221 DECISION [2024] FWC 221 2 now provided oral advice that they wish for the AMWU to bargain on their behalf. None of the employees have completed a revocation as required by s.178A of the Act to give effect to a revocation. [7] Mr Simon Barden, General Manager Human Resources submitted that employees to be covered by the proposed agreement are across various locations and the Respondent would need some time to discuss any order made by the Commission with affected employees. He did not give evidence in respect of what the Respondent would wish to discuss with affected employees, and when afforded the opportunity to call a witness at any future hearing of this matter, declined. [8] Mr Thanas confirmed that members could contact him if they have any questions about an order made by the Commission. Mr Thanas confirmed that members have his contact details. Consideration [9] On the basis of the material before me, including the statutory declaration of Mr Thanas, setting out the steps taken by the AMWU in bargaining with the Respondent and confirming that the AMWU has been, and is, genuinely trying to reach agreement with the Respondent, I am also satisfied that there is a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the Act have been met. [10] I am satisfied that the AMWU has given notice in accordance with section 440 of the Act. [11] The ballot is to be conducted by the Democratic Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently authorised to conduct the ballot.1 [12] The scheme of the Act is now that where named in the PABO application and proposed orders, the Commission will, subject to the Act, be obliged to, in effect, appoint that eligible protected action ballot agent to conduct the ballot concerns. [13] I am satisfied that the ballot should close on 15 February 2024, and this is a sufficient period of time in which to convene the s.448A conference, and for the Respondent to engage in discussions with any affected employees. There was no evidence before the Commission that would lead me to conclude otherwise. [14] The Order [PR770667] will be issued concurrently with this Decision. [15] This matter will be listed for a s.448A conference. An Order and Direction will be issued shortly requiring attendance at the conference. [2024] FWC 221 3 COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR770666> 1 Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400.