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

[2022] FWC 649

[2022] FWC 649

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

Nyrstar Port Pirie Pty Ltd T/A Nyrstar Port Pirie Pty Ltd

(B2022/220)

DEPUTY PRESIDENT CLANCY MELBOURNE, 24 MARCH 2022

Proposed protected action ballot of employees of Nyrstar Port Pirie Pty Ltd T/A Nyrstar Port Pirie 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 Nyrstar Port Pirie Pty Ltd T/A Nyrstar Port Pirie Pty Ltd (the Respondent).

1. On 23 March 2022, my Associate was advised that the Respondent objected to the orders in the terms sought. The Respondent gave reasons and proposed an alternative draft Order.

1. On 24 March 2022, my Associate was advised that the Applicant consented to the changes requested.

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 Steven McMillan 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 PR739642.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR739641>