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)- South Australian Branch v SA Brewing Company Pty Ltd (B2017/893) DEPUTY PRESIDENT ANDERSON ADELAIDE, 3 OCTOBER 2017 Proposed protected action ballot of employees of SA Brewing Company Pty Ltd [1] This is an application dated 27 September 2017 the Australian Manufacturing Workers' Union (the Applicant) made under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of SA Brewing Company Pty Ltd. [2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated. [3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing. [4] On the basis of the material before me, including the statement of Mr Derek Winter of the AMWU dated 27 September 2017, and his statutory declaration dated 29 September 2017, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met. [5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act. [2017] FWC 5066 DECISION [2017] FWC 5066 2 [6] An order in conformity with the FW Act is being issued in conjunction with this decision.1 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A, PR596460> 1 PR596455