Association of Professional Engineers, Scientists and Managers, Australia, The v Boeing Aerostructures Australia Pty Limited

[2014] FWC 1547

[2014] FWC 1547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Association of Professional Engineers, Scientists and Managers, Australia, The
v
Boeing Aerostructures Australia Pty Limited
(B2014/568)

COMMISSIONER RYAN MELBOURNE, 4 MARCH 2014

Proposed protected action ballot by employees of Boeing Aerostructures Australia Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) for a protected action ballot order in relation to certain employees of Boeing Aerostructures Australia Pty Limited (the Respondent). The application was made on 27 February 2014.

[2] The Respondent has advised that it does not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] APEMSA has demonstrated that it has met the requirements of s.443(1) of the Act in a statement signed by Aleysia Leonard, an official of APESMA.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order in the terms consented to by the parties.

COMMISSIONER

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