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

[2010] FWA 429

[2010] FWA 429

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.229—Application for a bargaining order

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU)
(B2009/11210)
The Association of Professional Engineers, Scientists and Managers, Australia

(B2009/11212)

v
DTS Food Laboratories

COMMISSIONER SMITH SYDNEY, 28 JANUARY 2010

Setting aside an interim order issued on 21 December 2009 [PR992063].

[1] By decision dated 21 December 2009 an interim order was issued that Dairy Technical Services Limited (DTS) refrain from putting to a vote the proposed DTS Food Laboratories Collective Agreement.

[2] During the subsequent proceedings DTS submitted that it would recommence the process of seeking to reach agreement with employees and sought for the interim order to be set aside.

[3] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) resisted this course on the basis that it was unsure of what rights it then had under the Fair Work Act 2009.

[4] I will now set aside the order on the basis that it has no more work to do. The concern of APESMA is a matter for the operation of the Act. The order will follow.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR992868>