"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v EnergyAustralia NSW Pty Ltd [2023] FWC 780

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 EnergyAustralia NSW Pty Ltd (B2023/276) VICE PRESIDENT CATANZARITI SYDNEY, 31 MARCH 2023 Proposed protected action ballot of employees of EnergyAustralia NSW 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 EnergyAustralia NSW Pty Ltd (Respondent). [2] On 30 March 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 Raymund Shortill of the Applicant declared on 23 March 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 PR760769. VICE PRESIDENT [2023] FWC 780 DECISION -- 1 of 2 -- [2023] FWC 780 2 Printed by authority of the Commonwealth Government Printer <PR760770> -- 2 of 2 --