"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Quant Australia Pty Ltd Fosters Site T/A Quant Australia Pty Ltd

[2015] FWC 7177

[2015] FWC 7177

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
Quant Australia Pty Ltd - Fosters Site T/A Quant Australia Pty Ltd
(B2015/1375)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 19 OCTOBER 2015

Proposed protected action ballot of employees of Quant Australia Pty Ltd - Fosters Site.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act)for a protected action ballot order in relation to certain employees of Quant Australia Pty Ltd – Fosters Site (the Respondent).

[2] On 5 October 2015 my associate was advised that the Respondent did not object to the application but that they would be seeking an undertaking from the Applicant to provide a notice period of seven days for any protected action in relation to the protected action ballot order.

[3] On 13 October 2015 my associate was subsequently advised by the Applicant that it agreed to the undertaking to provide the Respondent with a notice period of seven days.

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[5] On the basis of the material before me, including the statutory declaration of Mr B Terzic of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.

[6] An order has been made separately in PR573026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR573049>