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

[2020] FWC 3344

[2020] FWC 3344

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
Jupiter Pty Ltd
(B2020/321)

DEPUTY PRESIDENT DEAN SYDNEY, 25 JUNE 2020

Proposed protected action ballot of employees of Jupiter 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) made under s.437 of the Fair Work Act 2009 for a protected action ballot order.

[2] The application indicates that the employees proposed to be balloted are those employed by Viscofan Globus Australia Pty Ltd (Respondent) as non-supervisory employees whose employment would otherwise be covered by the Graphic Arts General Award 2000 and who are members of the AMWU.

[3] On 22 June 2020 the Respondent wrote to the Commission objecting to the application on the basis that the AMWU has incorrectly named the employer and the modern award which applies to the relevant employees. The Respondent submitted that the employees are employed by its related body corporate, Jupiter Pty Ltd, and the relevant modern award is Graphic Arts, Printing and Publishing Award 2010.

[4] Also on 22 June 2020, the AMWU responded to the Respondent’s objection by submitting an amended application which sought to correct the name of the employer and the modern award.

[5] On 24 June 2020 the Respondent confirmed in writing to the Commission that it no longer wishes to be heard in relation to the application.

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

[7] The AMWU’s application is amended pursuant to s.586 of the Act.

[8] Having considered the material before me, including the statutory declaration of Michelle Parkin of the AMWU declared on 19 June 2020, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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.

[9] An Order has been separately issued in PR720501.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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