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
UGL Rail Services Pty Limited
(B2023/350)
VICE PRESIDENT CATANZARITI SYDNEY, 19 APRIL 2023
Proposed protected action ballot of employees of UGL Rail Services Pty Limited
[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 UGL Rail Services Pty
Limited (Respondent).
[2] On 18 April 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 Timothy
Jackson of the Applicant declared on 14 April 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 PR761211.
VICE PRESIDENT
[2023] FWC 923
DECISION
THE FAIR WORK COMMISSION 125/ THE SEA
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr761211.pdf
[2023] FWC 923
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Printed by authority of the Commonwealth Government Printer
PR761212
