“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Mondelez Australia Pty Ltd T/A Cadbury, Claremont

[2023] FWC 1020

[2023] FWC 1020

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

Mondelez Australia Pty Ltd T/A Cadbury, Claremont

(B2023/389)

DEPUTY PRESIDENT CLANCY MELBOURNE, 1 MAY 2023

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

1. On 1 May 2023, during a telephone mention, the Respondent advised that they did not object to the application.

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 John Short 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 PR761506.
   

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR761505>