[2022] FWC 2729

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)

Opal Packaging Australia Pty Ltd T/A Opal Fibre Packaging

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.

• [7] An order has been separately issued in PR746729.

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