“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Wood Australia Pty Ltd

[2020] FWC 3797

[2020] FWC 3797

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
Wood Australia Pty Ltd
(B2020/366)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 20 JULY 2020

Proposed protected action ballot of employees of Wood Australia 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) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Wood Australia Pty Ltd (Respondent).

[2] On 15 July 2020, the Respondent notified that it did not oppose the orders sought by the Applicant, but sought that the orders specify that the period of written notice referred to in s.414(2)(a) of the Act be extended to seven working days, pursuant to s.443(5) of the Act.

[3] I conducted a mention on 17 July 2020 and issued directions for the filing of material in relation to the Respondent’s application for an extended period of written notice.

[4] On 20 July 2020 my Associate was advised that the Respondent did not wish to press its request for an extended period of written notice and did not object to the application.

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

[6] On the basis of the material before me, including the declaration of Mr R Wainwright 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.

[7] An order has been separately issued in PR721126.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR721125>