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

[2022] FWC 3137

[2022] FWC 3137

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

McPherson’s Printing Pty Ltd

(B2022/1761)

DEPUTY PRESIDENT CLANCY MELBOURNE, 25 NOVEMBER 2022

Proposed protected action ballot of employees of McPherson’s Printing 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) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of McPherson’s Printing Pty Ltd (the Respondent).

1. The Respondent maintained an objection to the protected action ballot order being made but did not outline a statutory basis for this and nor did it request to be heard in addition to the correspondence it had sent to my Chambers outlining its objection.

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

1. On the basis of the material before me, including the declaration of Mr Andrew Bonello 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.

1. An order has been separately issued in PR748325.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR748323>