“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v The Trustee for the Fullarton Family Trust T/A F E Welding

[2023] FWC 2857

[2023] FWC 2857

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

The Trustee For The Fullarton Family Trust T/A F E Welding

(B2023/1185)

COMMISSIONER LEE MELBOURNE, 31 OCTOBER 2023

Proposed protected action ballot of employees of The trustee for The Fullarton Family Trust

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 The Trustee for The Fullarton Family Trust T/A F E Welding (the Respondent).

1. The Respondent objected to the proposed protected action ballot order on the basis that they have been negotiating in good faith with the AMWU. The objection did not outline a statutory basis that would support the rejection of the application.

1. In order to deal with the objection, I listed the matter for hearing on 30 October 2023. At the Hearing, the Respondent withdrew the objection.

1. On the basis of the material before me, including the declaration of Mr Stephen Fodrocy  of the Applicant, setting out the steps taken by the Applicant in bargaining and the assertion 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 PR767780.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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