"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Transit Systems West Services Pty Ltd [2020] FWC 4855

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 Transit Systems West Services Pty Ltd (B2020/514) VICE PRESIDENT CATANZARITI SYDNEY, 9 SEPTEMBER 2020 Proposed protected action ballot of employees of Transit Systems West Services 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 Transit Systems West Services Pty Ltd (Respondent). [2] On 9 September 2020, 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 Daniel White of the Applicant declared on 7 September 2020, 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 PR722667. VICE PRESIDENT [2020] FWC 4855 DECISION -- 1 of 2 -- [2020] FWC 4855 2 Printed by authority of the Commonwealth Government Printer <PR722668> -- 2 of 2 --