Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (AMWU)

[2016] FWC 350

[2016] FWC 350

DECISION

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

Robert Bosch (Australia) Pty Ltd

(B2016/3)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 18 JANUARY 2016

Proposed protected action ballot of employees of Robert Bosch (Australia) Pty Ltd.

[1]        The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”

known as the Australian Manufacturing Workers’ Union (AMWU) applied for a protected

1

action ballot order. The AMWU sought an order that employees of Robert Bosch (Australia)

Pty Ltd who are members of the AMWU and who would be subject to the proposed enterprise

agreement be balloted to see if they supported the taking of protected industrial action.

[2]        On 13 January 2016, the matter was set down for hearing. It was not disputed that:

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(1) The AMWU is a bargaining representative for employees.

(2) The application specifies the group of employees to be balloted and the questions

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to be put to the employees.

(3) A copy of the application was given to the employer and the AEC within 24 hours

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of the making of the application.

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(4) The nominal expiry date of the agreement has passed.

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[3] Mr David Vroland, an AMWU Union Official, filed a statutory declaration. He did

not attend the hearing.
[2016] FWC 350

[4]        Robert Bosch opposed the application because it submitted that the Fair Work

Commission could not be satisfied that the AMWU is genuinely trying to reach an agreement

with Robert Bosch.

[5]        At the hearing, the matter was adjourned, by consent, to 19 January 2016.

[6]        On 18 January 2016, Robert Bosch wrote to the Commission and advised it withdrew

its opposition to the application.

[7]        I am satisfied that the AMWU has satisfied the statutory prerequisites for a protected

action ballot order and I am satisfied that the AMWU is genuinely trying to reach an

agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR576216>

1

See s.437 of the Fair Work Act 2009

2

Ibid s.437(1)

3

Ibid s.437(3)

4

s.440

5

s.438(1)

6

Exhibit A1