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

[2011] FWA 4648

[2011] FWA 4648

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(B2011/150)

and
National Union of Workers
(B2011/3148)

v
Cryovac Australia Pty Ltd (Tullamarine)

SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 18 JULY 2011

Proposed protected action ballot by employees of Cryovac Australia Pty Ltd (Tullamarine).

[1] These are applications pursuant to s.437 of the Fair Work Act 2009 (theAct) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU) and the National Union of Workers (the NUW) for protected action ballot orders in relation to certain employees of Cryovac Australia Pty Ltd (Tullamarine) (the respondent).

[2] My associate was advised by the respondent that it had been served with the applications and that the respondent would advance no substantive grounds of opposition to orders being made (that is, the respondent did not challenge that the AMWU or NUW had been and were genuinely trying to reach an agreement). The AMWU and NUW have provided a Statement addressing the statutory grounds.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, orders must be made. The orders [PR511736 and PR511741] based on the draft orders provided by the AMWU and NUW have issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR511732>