“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v ALS Industrial Pty Ltd

[2022] FWC 2176

[2022] FWC 2176

FAIR WORK COMMISSION

DECISION

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

ALS Industrial Pty Ltd

(B2022/1220)

VICE PRESIDENT CATANZARITI SYDNEY, 16 AUGUST 2022

Proposed protected action ballot of employees of ALS Industrial Pty Ltd

1. This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (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 ALS Industrial Pty Ltd (Respondent).

1. The Respondent neither consented nor objected to 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 Alexander North of the Applicant declared on 11 August 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 PR744856.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR744857>