"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Stramit Corporation Pty Ltd T/A Stramit Building Products

[2023] FWC 480

[2023] FWC 480

The attached document replaces the document previously issued with the above code on 27 February 2023.

The Respondent’s name at paragraph [1] has been amended to “Stramit Corporation Pty Ltd T/A Stramit Building Products”.

The factual background in paragraph [3] has been corrected.

Associate to Deputy President Clancy

27 February 2023

[2023] FWC 480

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

Stramit Corporation Pty Ltd T/A Stramit Building Products

(B2023/170)

DEPUTY PRESIDENT CLANCY MELBOURNE, 27 FEBRUARY 2023

Proposed protected action ballot of employees of Stramit Corporation Pty Ltd T/A Stramit Building Products.

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 Stramit Corporation Pty Ltd T/A Stramit Building Products (Respondent).

1. On 24 February 2023, my Associate was advised that the Respondent objected to the application on the basis that the Applicant has not been genuinely trying to reach agreement. The Respondent asserted that an in-principle agreement had been reached by the parties at a bargaining meeting on 20 February 2023. In response, the Applicant denied that an in-principle agreement had been reached.

1. After reviewing the Application form, the Statutory Declaration and the correspondence from the parties, I caused correspondence to be sent to the parties outlining my observations, namely that in circumstances where the Statutory Declaration of Mr Jhaelen Davey outlines that there have been 8 meetings between the parties since 13 November 2022 and that the most recent was on 20 February 2023, I cannot see why the Applicant’s application should be rejected on the basis that the Applicant has not been genuinely trying to reach agreement. I also noted it is open to the parties to continue to meet, negotiate and exchange bargaining positions and that neither party had suggested that it did not intend to do so.

1. The Respondent did not request to be heard in addition to the correspondence it had sent to my Chambers outlining its position. 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 declaration of Jhaelen Davey 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.

1. An order has been separately issued in PR751209.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR751208>