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 Applus Pty Ltd (B2023/546) DEPUTY PRESIDENT HAMPTON ADELAIDE, 9 JUNE 2023 Proposed protected action ballot of employees of Applus 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 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Applus Pty Ltd (Respondent). [2] On 9 June 2023, the Commission 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 Stephen Fodrocy of the AMWU, 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 all of the requirements in s.443(1) of the Act have been met. [5] The ballot is to be conducted by the Australian Electoral Commission. A ballot period of 30 days from the date of the Order has been established by the Commission. [6] An order has been separately issued in PR762937. [2023] FWC 1358 DECISION [2023] FWC 1358 2 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR762938>