"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Baxters Foods Australia Pty Ltd

[2013] FWC 9759

[2013] FWC 9759

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
Baxters Foods Australia Pty Ltd
(B2013/1451, B2013/1452)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 16 DECEMBER 2013

Proposed protected action ballot by employees of Baxters Food Australia Pty Ltd, Huntingdale and Campbellfield.

[1] These are applications 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 protected action ballot orders in relation to certain employees of Baxters Foods Australia Pty Ltd (the Respondent) at its Huntingdale and Campbellfield sites.

[2] The AMWU has provided Statutory Declarations addressing the statutory grounds. Those Statutory Declaration makes it clear that the parties have met on approximately six occasions (AMWU) since 17 May 2013 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement. Those meetings have canvassed issues of relevance to both sites, though the intention is to initially focus on an agreement for the Huntingdale site and then deal with some Campbellfield specific issues.

[3] On 11 December 2013 I was advised by Mr Peter Maguire, Director of Ridgeline HR, that the Respondent did not intend to oppose either application. In doing so, the Respondent did not challenge that the AMWU had been and was genuinely trying to reach agreement in respect of either site.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make orders. The orders [PR545625 and PR545744] are based on the draft orders provided by the AMWU and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR545624>