Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (AMWU)

[2016] FWC 2436

[2016] FWC 2436

DECISION

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)

v

The Chocolate and Confectionery Company Pty Ltd T/A Ernest Hillier

(B2016/66)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 18 APRIL 2016

Proposed protected action ballot of employees of The Chocolate and Confectionery Company

Pty Ltd.

[1]        This is an application by “Automotive, Food, Metals, Engineering, Printing and

Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

(the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action

ballot order in relation to certain employees of The Chocolate and Confectionery Company

Pty Ltd T/A Ernest Hillier (the Respondent).

[2]        On 15 April 2016 my associate was advised that the Respondent did not object to the

application.

[3]        In the circumstances, I have decided to determine the matters on the papers without

holding a hearing.

[4]        On the basis of the material before me, including the statutory declaration of Mr D

Vroland of the Applicant setting out the steps taken by it in bargaining with the Respondent

Company and that it has been, and is, genuinely trying to reach agreement with the

Respondent Company, I am satisfied that there is a notification time in relation to the

proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5]        An order has been separately issued in PR579177.

<Price code A, PR579179>

DEPUTY PRESIDENT

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