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 Wood Australia Pty Ltd T/A Wood Australia (B2020/43) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 22 JANUARY 2020 Proposed protected action ballot of employees of Wood Australia Pty Ltd T/A Wood Australia. [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 Wood Australia Pty Ltd T/A Wood Australia (Respondent). [2] On 21 January 2020, my Associate was advised that the Respondent objected to the application on public safety grounds. There is no statutory basis for this objection. On 22 January 2020, my Associate was advised that the Respondent has no further objections 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 statutory declaration of Mr Raoul Wainwright 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. [2020] FWC 348 DECISION [2020] FWC 348 2 [5] An order has been separately issued in PR716108. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR716107>