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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
Visy Board Pty Ltd
(B2022/1730)
DEPUTY PRESIDENT CLANCY MELBOURNE, 17 NOVEMBER 2022
Proposed protected action ballot of employees of Visy Board 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 Visy Board Pty Ltd (the Respondent).
[2] On 17 November 2022, 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 Ms Lorraine Cassin
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] The Applicant also sought that a person other than the Australian Electoral Commission
(AEC) 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 Mr
Anantha Anu of IRIQ Pty Ltd (IRIQ). Mr Anu has provided a statutory declaration setting out
that he would carry out the functions of the protected ballot agent for IRIQ, and that he has
relevant experience in conducting protected action ballots. I am satisfied that IRIQ is a fit and
proper person to conduct the ballot. I am also satisfied that Mr Anu and IRIQ are capable of
ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. IRIQ
has agreed to be the protected action ballot agent and Mr Anu and IRIQ are bound to comply
with the Privacy Act 1998 with respect to the handling of the information relating to the
protected action ballot.
[2022] FWC 3053
DECISION
AUSTRALIA FairWork Commission
[2022] FWC 3053
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[6] An order has been separately issued in PR748016.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR748015
THE FAI JORK LOISSIN THE SEA
