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

[2022] FWC 1374

[2022] FWC 1374

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

Epiroc Australia Pty Ltd

(B2022/500)

DEPUTY PRESIDENT CLANCY MELBOURNE, 31 MAY 2022

Proposed protected action ballot of employees of Epiroc Australia Pty Ltd.

1. This is an application by the Transport Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Southlink Pty Ltd (the Respondent).

1. I conducted a Mention with the parties on 31 May 2022.

1. The Respondent raised a question regarding the group or groups of employees to be balloted. I do not consider the question prevents me from determining the application and issuing the order sought.

1. On the basis of the material before me, including the declaration of Mr Simon Russell 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.

1. An order has been separately issued in PR742194.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR742198>