“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Voestalpine Railway Systems Australia Pty Ltd T/A Voestalpine VAE Railway..

[2020] FWC 6788

[2020] FWC 6788

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
Voestalpine Railway Systems Australia Pty Ltd T/A Voestalpine VAE Railway Systems Pty Ltd
(B2020/828)

DEPUTY PRESIDENT DEAN SYDNEY, 16 DECEMBER 2020

Proposed protected action ballot of employees of Voestalpine Railway Systems Australia Pty Ltd T/A Voestalpine VAE Railway Systems 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) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Voestalpine Railway Systems Australia Pty Ltd T/A Voestalpine VAE Railway Systems Pty Ltd (Respondent).

[2] On 16 December 2020, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Jacqueline Carovska of the AMWU declared on 11 December 2020, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR725492.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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