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

[2022] FWC 3219

[2022] FWC 3219

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

DMH Plant Services Pty Ltd

(B2022/1794)

VICE PRESIDENT CATANZARITI MELBOURNE, 6 DECEMBER 2022

Proposed protected action ballot of employees of DMH Plant Services 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 DMH Plant Services Pty Ltd (Respondent).

1. On 5 December 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 Philip Andrew Golby of the Applicant declared on 2 December 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 PR748644.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR748645>