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

[2022] FWC 1378

[2022] FWC 1378

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

Downer EDI Engineering Power Pty Ltd

(B2022/501)

DEPUTY PRESIDENT DEAN CANBERRA, 1 JUNE 2022

Proposed protected action ballot of employees of Downer EDI Engineering Power 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) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Downer EDI Engineering Power Pty Ltd (Respondent).

1. On 30 May 2022, the Respondent wrote to the Commission indicating that it does not oppose the making of the order, however it objects to the order in the form currently sought by the AMWU. The Respondent subsequently withdrew its opposition following the filing of an amended application and draft order by the AMWU.

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 Fergal Eiffe of the AMWU made on 27 May 2022, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR742210.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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