"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Unilever Australia Trading Limited

[2017] FWC 5551

[2017] FWC 5551

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
Unilever Australia Trading Limited
(B2017/1007)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 26 OCTOBER 2017

Proposed protected action ballot of employees of Unilever Australia Trading Limited.

[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 Unilever Australia Trading Limited (Respondent).

[2] On 25 October 2017 the Respondent advised that it does not oppose the application. However, on the same day I notified the parties that I was not satisfied with the drafting of the proposed questions to be put to employees. I requested the Applicant to file an amended application and it did so on the same day. On 26 October 2017, the Respondent advised my associate that it did not object to the amended application.

[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 S Murphy 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] An order has been separately issued in PR597117.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR597116>