"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v PACCAR Australia Pty Ltd T/A Kenworth Trucks [2023] FWC 1527

1 Fair Work Act 2009 s.437 - Application for a protected action ballot order "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v PACCAR Australia Pty Ltd T/A Kenworth Trucks (B2023/642) DEPUTY PRESIDENT HAMPTON ADELAIDE, 27 JUNE 2023 Proposed protected action ballot of employees of PACCAR Australia Pty Ltd TA Kenworth Trucks [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 (Act) for a protected action ballot order in relation to certain employees of the Respondent, PACCAR Australia Pty Ltd T/A Kenworth Trucks (PACCAR). [2] The application was lodged on 26 June 2023. It has been served upon the employer and the ballot agent. The Commission been advised that the Respondent does not object to 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 declaration of Mr Andrew Bonello, AMWU Industrial Officer, 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 all of the requirements in s.443(1) of the Act have been met. [5] The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (20 June 2023) has been established by this Commission.1 [6] An order has been separately issued in PR763587. [7] This matter will be assigned to another Member of the Commission to conduct the s.448A conference and this Member will issue the Order requiring attendance at the conference. [2023] FWC 1527 DECISION -- 1 of 2 -- [2023] FWC 1527 2 It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR763588> 1 1This is the minimum period required by the Australian Electoral Commission. -- 2 of 2 --