“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove

[2022] FWC 3080

[2022] FWC 3080

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

Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove

(B2022/1720)

VICE PRESIDENT CATANZARITI SYDNEY, 21 NOVEMBER 2022

Proposed protected action ballot of employees of Rio Tinto Aluminium 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Rio Tinto Aluminium Limited T/A Rio Tinto Alcan Gove (Respondent).

1. On 17 November 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

1. On the basis of the material before me, including the statutory declaration of Lloyd Pumpa of the Applicant declared on 14 November 2022, 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.

1. An Order has been separately issued in PR748129.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR748130>