"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v CDC Victoria Pty Ltd

[2023] FWC 1380

[2023] FWC 1380

FAIR WORK COMMISSION

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

CDC Victoria Pty Ltd

(B2023/546)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 13 JUNE 2023

Proposed protected action ballot of employees of CDC Victoria 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 (Act) for a protected action ballot order in relation to certain employees of the Respondent, CDC Victoria Pty Ltd (Respondent).

1. On 13 June 2023, the Commission was advised that the Respondent did not object 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 declaration of Mr Raoul Wainwright, Industrial Officer, of the AMWU, 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 all of the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by the Australian Electoral Commission. A ballot period of 30 days from the date of the Order has been established by the Commission.

1. An order has been separately issued in PR763008.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR763009>