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

[2020] FWC 4421

[2020] FWC 4421

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
Mesh & Bar Pty Ltd
(B2020/453)

VICE PRESIDENT CATANZARITI SYDNEY, 21 AUGUST 2020

Proposed protected action ballot of employees of Mesh Bar 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Mesh & Bar Pty Ltd (Respondent).

[2] On 20 August 2020, the Respondent neither consented nor objected to the application. The Respondent did not wish to be heard in relation to 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 Rowan Kearnan of the Applicant declared on 18 August 2020, 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 PR722017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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