“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Stanmore SMC Pty Ltd T/A BHP Mitsui Coal Pty Ltd

[2022] FWC 3197

[2022] FWC 3197

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

Stanmore SMC Pty Ltd T/A BHP Mitsui Coal Pty Ltd

(B2022/1781)

VICE PRESIDENT CATANZARITI MELBOURNE, 5 DECEMBER 2022

Proposed protected action ballot of employees of Stanmore SMC Pty Ltd trading as BHP Mitsui Coal Pty Ltd

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 Stanmore SMC Pty Ltd T/A BHP Mitsui Coal Pty Ltd (Respondent).

1. On 1 December 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 Aaron Neary of the Applicant declared on 29 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 PR748574.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR748575>