"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Dairy Technical Services Limited

[2019] FWC 5337

[2019] FWC 5337

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
Dairy Technical Services Limited
(B2019/608)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 AUGUST 2019

Proposed protected action ballot of employees of Dairy Technical Services Limited.

[1] This is an application by "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 Dairy Technical Services Limited (Respondent).

[2] On 31 July 2019, my Associate was advised that the Respondent objected on the grounds that any industrial action taken could be a threat public health and safety or lead to loss of business for the Respondent. I sought the statutory basis for their objections and on 1 August 2019 my Associate was advised that the Respondent did not have a statutory basis for their objections.

[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 J Gardner of the Applicant 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.

[5] An order has been separately issued in PR710899.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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