"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Curragh Queensland Mining Pty Ltd [2023] FWC 950

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 Curragh Queensland Mining Pty Ltd (B2023/357) VICE PRESIDENT CATANZARITI SYDNEY, 21 APRIL 2023 Proposed protected action ballot of employees of Curragh Queensland Mining 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 Curragh Queensland Mining Pty Ltd (Respondent). [2] On 19 April 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 Glenn Desmond Sam of the Applicant declared on 17 April 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 PR761278. VICE PRESIDENT [2023] FWC 950 DECISION -- 1 of 2 -- [2023] FWC 950 2 Printed by authority of the Commonwealth Government Printer <PR761279> -- 2 of 2 --