“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Australian Radiation Protection and Nuclear Safety Agency T/A Arpansa

[2015] FWC 5392

[2015] FWC 5392

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)
v
Australian Radiation Protection and Nuclear Safety Agency T/A ARPANSA
(B2015/1115)

COMMISSIONER BISSETT MELBOURNE, 7 AUGUST 2015

Proposed protected action ballot of employees of Australian Radiation Protection and Nuclear Safety Agency.

[1] This is an application 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) for a protected action ballot order in relation to certain employees of the Australian Radiation Protection and Nuclear Safety Agency (the Respondent). The application was made on 5 August 2015.

[2] The Respondent has advised in correspondence that it does not oppose the making of the order. I have therefore made this decision on the basis of the material filed by the AMWU.

[3] 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.

[4] The AMWU has provided a signed statutory declaration addressing those matters in s.443(1) of the Act.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the AMWU.

COMMISSIONER

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