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

[2018] FWC 1119

[2018] FWC 1119

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
Jacmor Engineering Pty Ltd
(B2018/107)

COMMISSIONER MCKINNON MELBOURNE, 21 FEBRUARY 2018

Proposed protected action ballot of employees.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Jacmor Engineering Pty Limited (Jacmor).

[2] The matter was listed for hearing on 21 February 2018. The hearing was adjourned for a short period to facilitate discussion between the parties. Following the adjournment, the parties advised the Commission that Jacmor no longer opposed the application. Accordingly, the matter will be determined on the papers without holding a hearing.

[3] On the basis of the material before me, including the statutory declaration of Mr N Grealy of the AMWU setting out the steps taken by it in bargaining with Jacmor and that it has been, and is, genuinely trying to reach agreement with Jacmor, 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.

[4] An order has been separately issued in PR600604.

COMMISSIONER

Appearances:

N. Grealy on behalf of the AMWU.

A. Morris on behalf of Jacmor.

Hearing details:

2018.

Melbourne.

February 21.

Printed by authority of the Commonwealth Government Printer

<PR600602>