Australian Municipal, Administrative, Clerical and Services Union v Knorr-Bremse Australia Pty Limited

[2022] FWC 1427

[2022] FWC 1427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

Knorr-Bremse Australia Pty Limited

(B2022/523)

VICE PRESIDENT CATANZARITI SYDNEY, 7 JUNE 2022

Proposed protected action ballot of employees of Knorr-Bremse Australia Pty Limited

1. This is an application by the NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union known as the United Services Union (USU) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Knorr-Bremse Australia Pty Limited (Respondent).

1. On 6 June 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Graeme Kelly of the Applicant declared on 1 June 2022, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, 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.

1. An Order has been separately issued in PR742378.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR742379>