“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Joy Global Australia Pty Ltd t/as Komatsu Mining Corporation

[2021] FWC 6028

[2021] FWC 6028

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
Joy Global Australia Pty Ltd t/as Komatsu Mining Corporation
(B2021/931)

VICE PRESIDENT CATANZARITI SYDNEY, 30 SEPTEMBER 2021

Proposed protected action ballot of employees of Joy Global Australia Pty Ltd t/as Komatsu Mining Corporation

[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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Joy Global Australia Pty Ltd t/as Komatsu Mining Corporation (Respondent).

[2] On 30 September 2021, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of John Stewart of the Applicant declared on 29 September 2021, 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 PR734454.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR734455>