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

[2022] FWC 2155

[2022] FWC 2155

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

Nissan Casting Australia Pty Ltd

(B2022/1219)

DEPUTY PRESIDENT CLANCY MELBOURNE, 15 AUGUST 2022

Proposed protected action ballot of employees of Nissan Casting 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 (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 Nissan Casting Australia Pty Ltd (the Respondent).

1. On 12 August 2022, my Associate was advised by the Respondent’s lawyers that the Respondent objected to the proposed industrial action identified in question 12 of the draft order accompanying the application. The Respondent also sought an extension of the notice period required from 3 working days to 7 working days for the taking of the industrial action identified in questions 2, 3, 4, 5, 6, 7, 8, and 10 of the draft order. I determined a Mention should be conducted. Prior to the Mention, my Chambers received correspondence from the parties confirming that a consent position had been reached. On this basis, the Respondent advised that it withdrew its objections to the application and its request for 7 working days’ notice.

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 PR744771.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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