“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Third Zeton Pty Ltd T/A Tieman Tankers

[2022] FWC 2204

[2022] FWC 2204

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

Third Zeton Pty Ltd T/A Tieman Tankers

(B2022/1248)

DEPUTY PRESIDENT CLANCY MELBOURNE, 19 AUGUST 2022

Proposed protected action ballot of employees of Third Zeton Pty Ltd T/A Tieman Tankers.

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 Third Zeton Pty Ltd T/A Tieman Tankers (the Respondent).

1. While the Respondent submitted the proposed protected action ballot order was neither required not necessary, it did not outline a statutory basis that would support the rejection of the application and nor did it request to be heard in addition to the correspondence it had sent to my Chambers outlining its position.

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 declaration of Mr Andrew Bonello 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 PR744958.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR744957>