"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Hitachi Construction Machinery (Australia) Pty Ltd

[2018] FWC 3076

[2018] FWC 3076

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

Hitachi Construction Machinery (Australia) Pty Ltd

(B2018/413)

Deputy President Gostencnik MELBOURNE, 29 MAY 2018

Proposed protected action ballot of employees of Hitachi Construction Machinery (Australia) 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 (Act) for a protected action ballot order in relation to certain employees of Hitachi Construction Machinery (Australia) Pty Ltd (Respondent).

1. On 29 May 2018 my associate was advised that the Respondent did not object to the application.

1. In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Mr T Jackson 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 PR607565.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR607564>