“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Electro-Motive Maintenance Operations Pty Limited

[2022] FWC 330

[2022] FWC 330

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

Electro-Motive Maintenance Operations Pty Limited

(B2022/70)

VICE PRESIDENT CATANZARITI SYDNEY, 16 FEBRUARY 2022

Proposed protected action ballot of employees of Electro-Motive Maintenance Operations Pty Limited

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 Electro-Motive Maintenance Operations Pty Limited (Respondent).

1. On 14 February 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 John Stewart of the Applicant declared on 3 February 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 PR738436.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR738437>