"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Top Cut Food Industries Pty Ltd and Caterfare Pty Ltd T/A Top Cut/Caterfare

[2017] FWC 2674

[2017] FWC 2674

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
Top Cut Food Industries Pty Ltd and Caterfare Pty Ltd T/A Top Cut/Caterfare
(B2017/382)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 16 MAY 2017

Proposed protected action ballot of employees of Top Cut Food Industries Pty Ltd and Caterfare 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) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Top Cut Food Industries Pty Ltd and Caterfare Pty Ltd (the Respondent).

[2] My associate was advised that the Respondent did not object to the application but that it sought a notice period of more than 3 working days before any protected industrial action is commenced as there are ‘exceptional circumstances’ for the purposes of s.443(5) which warrant a longer notice period.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr A Malone 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.

[5] The Fair Work Commission may order that the period of notice for protected industrial action referred to in s.414(2)(a) of the Act be longer than three working days, if satisfied that there are exceptional circumstances justifying such an extension. The parties in this application have agreed to an extension and I am satisfied based on the material before me and the witness statement of Mr S Bevacqua of the Respondent that there are exceptional circumstances to justify an extension. I am therefore satisfied to order that the period of notice for protected industrial action referred to in s.414(2)(a) be four working days.

[6] An order has been separately issued in PR592946.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR592947>