"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company

[2019] FWC 5282

[2019] FWC 5282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company
(B2019/595)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 30 JULY 2019

Proposed protected action ballot of employees of The Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union (known as the Australian Manufacturing Workers Union or AMWU).

[1] This is an application lodged on 29 July 2019 by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. By email dated 30 July 2019, the Respondent indicated that it did not wish to lodge an objection at this time.

[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 Vince Fryer of the AMWU dated 26 July 2019, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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