| [2022] FWC 1858 |
| 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
Icon Water Limited
(B2022/673)
| VICE PRESIDENT CATANZARITI | SYDNEY, 15 JULY 2022 |
Proposed protected action ballot of employees of Icon Water Limited
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 Icon Water Limited (Respondent).
On 14 July 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the statutory declaration of Bradley Hattenfels of the Applicant declared on 12 July 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.
An Order has been separately issued in PR743830.
VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR743831>
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Icon Water Limited [2022] FWC 1858
- Case
- [2022] FWC 1858
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the AMWU had met the requirements of section 437 of the Fair Work Act 2009 in relation to the proposed protected action ballot, and whether there was a notification time in relation to the proposed agreement. The court needed to determine whether the AMWU had genuinely tried to reach an agreement with Icon Water Limited, and whether the requirements of section 443(1) of the Act had been met.
The court found that the AMWU had met the requirements of section 437 of the Fair Work Act 2009, and that there was a notification time in relation to the proposed agreement. The court was satisfied that the AMWU had genuinely tried to reach an agreement with Icon Water Limited, and that the requirements of section 443(1) of the Act had been met. Therefore, the court granted the AMWU’s application for a protected action ballot order. An Order was separately issued in PR743830.
Orders
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Background
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Evidence
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Decision
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