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

[2020] FWC 6660

[2020] FWC 6660

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
Opal Packaging Australia Pty Ltd T/A Opal Cartons
(B2020/811)

VICE PRESIDENT CATANZARITI SYDNEY, 10 DECEMBER 2020

Proposed protected action ballot of employees of Opal Packaging Australia Pty Ltd T/A Opal Cartons.

[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 Opal Packaging Australia Pty Ltd T/A Opal Cartons (Respondent).

[2] On 10 December 2020, the Fair Work Commission was advised that the Respondent did not oppose 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 Sean Moore of the Applicant declared on 9 December 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 PR725332.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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