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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
Opal Packaging Australia Pty Ltd T/A Opal Fibre Packaging
(B2022/1540)
DEPUTY PRESIDENT CLANCY MELBOURNE, 12 OCTOBER 2022
Proposed protected action ballot of employees of Opal Packaging 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
(Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot
order in relation to certain employees of Opal Packaging Australia Pty Ltd (the Respondent).
[2] The application and form of order were discussed in a Mention on 12 October 2022 at
which the Respondent confirmed that it 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 Ms Lorraine Cassin
of the Applicant, setting out the steps taken by the Applicant in bargaining and the assertion
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] The Applicant sought that a person other than the Australian Electoral Commission be
the ballot agent for the protected action ballot. This course was not opposed by the Respondent.
The person proposed in the application as the protected action ballot agent is IRIQ Law Pty
Ltd. Mr Faiyaz Devjee, Principal of IRIQ Law Pty Ltd, has provided a statutory declaration
setting out that he would carry out the functions of the protected ballot agent for IRIQ Law Pty
Ltd and that he has relevant experience in conducting protected action ballots. I am satisfied
that IRIQ Law Pty Ltd is a fit and proper person to conduct the ballot. I am also satisfied that
Mr Devjee and IRIQ Law are capable of ensuring the secrecy and security of the votes and of
conducting the ballot expeditiously. IRIQ Law Pty Ltd has agreed to be the protected action
ballot agent and is bound to comply with the Privacy Act 1998 with respect to the handling of
the information relating to the protected action ballot.
[6] Therefore I appoint IRIQ Law Pty Ltd as the protected action ballot agent.
[2022] FWC 2729
DECISION
AUSTRALIA FairWork Commission
[2022] FWC 2729
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[7] An order has been separately issued in PR746729.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
Unknown PR746728
THE FAI JORK LOISSIN THE SEA
