“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v LSH Auto (Sydney) Pty Ltd T/A Mercedes-Benz Sydney

[2019] FWC 4737

[2019] FWC 4737

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
LSH Auto (Sydney) Pty Ltd T/A Mercedes-Benz Sydney
(B2019/530)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 8 JULY 2019

Proposed protected action ballot of employees who work at Mercedes Benz Sydney, 43-47 O'Riordan Street, Alexandria; AMG Sydney, 2 Sir Reginald Ansett Drive, Mascot; and Pre-Delivery Warehouse, Unit 2, 55 Doody Street..

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of LSH Auto (Sydney) Pty Ltd T/A Mercedes-Benz Sydney (Respondent).

[2] On 8 July 2019, my Associate was advised that the Respondent did not object to the application.

[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 D Smith 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 PR710116.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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