"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Inghams Enterprises Pty Limited

[2018] FWC 3964

[2018] FWC 3964

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
Inghams Enterprises Pty Limited
(B2018/532)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 4 JULY 2018

Proposed protected action ballot of employees of Inghams Enterprises 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 Inghams Enterprises Pty Limited (Respondent).

[2] On 3 July 2018 my associate was advised that the Respondent did not object to the application, however submitted that some of the proposed forms of industrial action for which authorisation will be sought in the ballot are not sufficiently clear in order that employees balloted may make an informed choice. I disagree. The forms of industrial action for which authorisation will be sought are clearly enough expressed.

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

[4] 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.

[5] An order has been separately issued in PR608722.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR608721>