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 B&D Australia Pty Ltd T/A B & D Doors (B2023/525) DEPUTY PRESIDENT CLANCY MELBOURNE, 5 JUNE 2023 Proposed protected action ballot of employees of B&D Australia Pty Ltd Trading As B & D Doors [1] This is an application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of B&D Australia Pty Ltd T/A B & D Doors Limited (Respondent). [2] On 2 June 2023, my Associate was advised that the Respondent did not object 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 declaration of Mr Andrew Bonello 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. [5] An order has been separately issued in PR762768. DEPUTY PRESIDENT <PR762767> [2023] FWC 1311 DECISION