“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU)-South Australian Branch v Royal Automobile Association of South Australia..

[2019] FWC 6499

[2019] FWC 6499

FAIR WORK COMMISSION

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)-South Australian Branch
v
Royal Automobile Association of South Australia Incorporated T/A RAA
(B2019/963)

COMMISSIONER HAMPTON ADELAIDE, 18 SEPTEMBER 2019

Proposed protected action ballot of employees of Royal Automobile Association of South Australia Incorporated T/A RAA.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Royal Automobile Association of South Australia Incorporated T/A RAA (RAA).

[2] On 17 September 2019, the Commission wrote to RAA seeking its position on the application and requested advice if the matter was to be contested. The Commission has subsequently been advised that RAA does not oppose the application.

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

[4] I have considered all of the material before me, including the statutory declaration of Mr Derek Winter of the AMWU setting out the steps taken by it in bargaining with RAA and confirming that it has been, and is, genuinely trying to reach agreement with the respondent employer. I am satisfied that there is a notification time in relation to the proposed agreement 1, there is a valid application made pursuant to s.437, and that all of the requirements in s.443(1) of the Act have been met. Accordingly, I am obliged to issue an order in this matter.

[5] An order in conformity with the Act is being issued in conjunction with this decision. 2

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR712517>

 1   Either on 14 December 2018 or 2 January 2019

 2   PR712518