"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v A. Tomballe Insulations Pty. Limited

[2018] FWC 1503

[2018] FWC 1503

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)

v

A. Tomballe Insulations Pty. Limited

(B2018/150)

Commissioner McKinnon MELBOURNE, 14 MARCH 2018

Proposed protected action ballot of employees of A Tomballe Insulations Pty. Limited.

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 (Act) for a protected action ballot order in relation to certain employees of A. Tomballe Insulations Pty. Limited (A Tomballe).

1. The matter was listed for hearing on 14 March 2018. The hearing was adjourned for a short period to facilitate discussion between the parties. Following the adjournment, the parties advised the Commission that A Tomballe no longer opposed the application. Accordingly, the matter will be determined on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Mr A Thomas of the AMWU setting out the steps taken by it in bargaining with A Tomballe and that it has been, and is, genuinely trying to reach agreement with A Tomballe, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An order has been separately issued in PR601137. The order will come into effect seven days from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR601138>