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

[2011] FWA 4499

[2011] FWA 4499

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437 - Applications for a protected action ballot orders

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(B2011/144)

and
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(B2011/3104)

v
Schindler Lifts Australia Pty Ltd

SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 14 JULY 2011

Proposed protected action ballots by employees of Schindler Lifts Australia Pty Ltd.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) for protected action ballot orders in relation to certain employees of Schindler Lifts Australia Pty Ltd (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 CEPU had been and were genuinely trying to reach an agreement). The AMWU and CEPU 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 [PR511518 and PR511519] based on the draft orders provided by the AMWU and CEPU have issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR511523>