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 Komatsu Australia Pty Ltd (B2023/69) VICE PRESIDENT CATANZARITI SYDNEY, 3 FEBRUARY 2023 Proposed protected action ballot of employees of Komatsu Australia 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 Komatsu Australia Pty Ltd (Respondent). [2] On 1 February 2023, 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 Gary Carozzi of the Applicant declared on 31 January 2023, 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 PR750212. VICE PRESIDENT [2023] FWC 298 DECISION [2023] FWC 298 2 Printed by authority of the Commonwealth Government Printer <PR750213>