1 Fair Work Act 2009 s.437—Protected action “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v Berri Pty Limited T/A The Daily Drinks Co (B2020/146) DEPUTY PRESIDENT DEAN SYDNEY, 11 MARCH 2020 Proposed protected action ballot of employees of Berri Pty Limited T/A The Daily Drinks Co. [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 for a protected action ballot order in relation to certain employees of Berri Pty Limited T/A The Daily Drinks Co (Respondent). [2] On 11 March 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 Bradley Hattenfels of the AMWU declared on 10 March 2020, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR717392. DEPUTY PRESIDENT [2020] FWC 1300 DECISION [2020] FWC 1300 2 Printed by authority of the Commonwealth Government Printer <PR717391>