"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Operations and Maintenance Pty Ltd [2023] FWC 292

1 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 UGL Operations and Maintenance Pty Ltd (B2023/66) VICE PRESIDENT CATANZARITI SYDNEY, 3 FEBRUARY 2023 Proposed protected action ballot of employees of UGL Operations and Maintenance 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of UGL Operations and Maintenance Pty Ltd (Respondent). [2] On 1 February 2023, 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 Simon Rushworth of the Applicant declared on 30 January 2023, 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 PR750193. VICE PRESIDENT [2023] FWC 292 DECISION -- 1 of 2 -- [2023] FWC 292 2 Printed by authority of the Commonwealth Government Printer <PR750196> -- 2 of 2 --