"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Lion - Beer, Spirits & Wine Pty Ltd T/A Lion

[2020] FWC 6170

[2020] FWC 6170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 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
Lion – Beer, Spirits & Wine Pty Ltd T/A Lion
(B2020/724)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 18 NOVEMBER 2020

Proposed protected action ballot of employees of Lion - Beer, Spirits & Wine Pty Ltd

[1] This is an application lodged on 16 November 2020 by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Lion – Beer, Spirits & Wine Pty Ltd T/A Lion (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. The Respondent confirmed it did not object to the substantive application but sought that the ballot close at least 30 working days from the date of any Order, consistent with current Australian Electoral Commission advice. The AMWU have sought a ballot period ending on Friday 18 December 2020. Current protocols between the Commission and the ballot agent (Australian Electoral Commission) require thirty (30) working days from the date of order. Accordingly, the order in this matter will reflect those protocols.

[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 Mark Plunkett of the AMWU lodged 16 November 2020, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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