"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Progress Rail Australia Pty Ltd

[2020] FWC 3789

[2020] FWC 3789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.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
Progress Rail Australia Pty Ltd
(B2020/370)

VICE PRESIDENT CATANZARITI SYDNEY, 20 JULY 2020

Proposed protected action ballot of employees of Progress Australia Pty Ltd employed at the Locomotive Maintenance Facility off Cormorant Road, Kooragang Island, NSW.

[1] This is an application by 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Progress Rail Australia Pty Ltd (Respondent).

[2] On 17 July 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 Mr Cory Wright of the Applicant declared on 16 July 2020, setting out the steps taken by it in bargaining with the Respondent and that it has been, and are, 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 PR721113.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR721112>