“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Qenos Pty Ltd
[2022] FWC 2233
•22 AUGUST 2022
| [2022] FWC 2233 |
| 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
Qenos Pty Ltd
(B2022/1263)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 22 AUGUST 2022 |
Proposed protected action ballot of employees of Qenos Pty Ltd
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 Qenos Pty Ltd (Respondent).
On 22 August 2022, my Associate was advised that the Respondent did not object to the application on the basis that the Respondent and Applicant had reached a consent position whereby the notice period required for the taking of industrial action would be extended from 3 working days to 5 working days.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the declaration of Mr Barry Terzic 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. I am also satisfied based on the position of the parties and the material before me that I should exercise the discretionary power in s.443(5) of the Act and specify a period of 5 working days as the period of written notice referred to in s.414(2)(b) of the Act.
An order has been separately issued in PR745042.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR745047>
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