"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v BOC Limited

[2016] FWC 3571

[2016] FWC 3571

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
BOC Limited
(B2016/591)

COMMISSIONER HUNT BRISBANE, 2 JUNE 2016

Proposed protected action ballot of employees of BOC Limited site at Rocklea at 1688 Ipswich Road, Rocklea Queensland.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The AMWU seeks a protected action ballot order in relation to certain employees of BOC Limited (the Employer).

[2] I directed that my Associate write to the parties requesting that the Employer advise whether it objected to the Commission considering the application and making the protected action ballot order in the terms of the draft order.

[3] On Wednesday 1 June 2016, Mr David Miller of the Australian Industry Group, the representative of the Employer, contacted the Commission to confirm that the Employer did not intend to contest the application based on the statutory requirements.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] The AMWU has filed a statement of Mr Steven Ernest Franklin in support of the application. Mr Ernest is a State Organiser of the AMWU. Mr Ernest is an official of the AMWU with responsibility for representing the industrial interests of members employed by the Employer.

[6] I am satisfied that there has been a notification time in relation to the proposed agreement and that bargaining has commenced. Further, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR581160] largely based on the draft provided by the AMWU will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR581093>