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

[2014] FWC 4228

[2014] FWC 4228

FAIR WORK COMMISSION

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)
(B2014/130)

COMMISSIONER RYAN MELBOURNE, 25 JUNE 2014

Proposed protected action ballot by employees of Sibelco Australia Limited.

[1] This is an application for a protected action ballot of members of “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) employed by Sibelco Australia Ltd (the employer).

[2] 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.

[3] A hearing was conducted on 25 June 2014.

[4] On the basis of submissions of the parties I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made.

[5] I will issue the Order sought and agreed to by the parties in this matter.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR552427>