“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Renold Australia Proprietary Limited

[2019] FWC 7440

[2019] FWC 7440

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
Renold Australia Proprietary Limited
(B2019/1239)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 28 OCTOBER 2019

Proposed protected action ballot of employees of Renold Australia Proprietary Limited.

[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 (Act) for a protected action ballot order in relation to certain employees of Renold Australia Proprietary Limited (Respondent).

[2] On 25 October 2019, my Associate was advised that the Respondent objected to the application on the basis that the Respondent has been negotiating in good faith and proposed ballot questions 6-13 could be very damaging to the business and are unfair methods of protected action to take. The Respondent was asked to provide the statutory basis of its objection. On 28 October 2019, the Respondent advised that if its reasons are not sufficient for a successful objection then it does not wish to be heard and therefore did not identify any statutory basis for its objection.

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

[4] On the basis of the material before me, including the statutory declaration of Mr R Wainwright 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.

[5] An order has been separately issued in PR713785.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR713784>