"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Lactalis Australia Pty Ltd T/A Lactalis [2020] FWC 4844
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
Lactalis Australia Pty Ltd T/A Lactalis
(B2020/521)
DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 11 SEPTEMBER 2020
Proposed protected action ballot of employees of Lactalis Australia Pty Ltd T/A Lactalis.
[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 Lactalis Australia Pty Ltd T/A Lactalis (Respondent).
[2] On 9 September 2020, my Associate was advised that the Respondent did 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 J Gardner 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.
[5] An order has been separately issued in PR722653.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR722652>
[2020] FWC 4844
DECISION
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Official source: https://www.fwc.gov.au/documents/decisionssigned/pdf/2020fwc4844.pdf