"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v City of Wanneroo
[2011] FWA 1877
•30 MARCH 2011
[2011] FWA 1877 |
|
REASONS FOR 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
City of Wanneroo
(B2011/43)
COMMISSIONER CLOGHAN | PERTH, 30 MARCH 2011 |
Proposed protected action ballot by employees of City of Wanneroo.
[1] On 17 March 2011, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) (“the Applicant”) made application to Fair Work Australia (FWA) for a Protected Action Ballot Order pursuant to s.437 of the Fair Work Act 2009 (“the Act”).
[2] The Employees to be balloted are employed by the City of Wanneroo (“the Employer”), work at the Ashby Operations Centre and subject to a proposed enterprise agreement for whom the AMWU is a bargaining representative.
[3] The employees to be balloted have their conditions of employment regulated, in part, by the City of Wanneroo Fleet Services Union Collective Agreement 2007 (“the Agreement”). The nominal expiry of the Agreement is 6 February 2011.
[4] The application was heard and determined on 18 March 2011. At the conclusion of the hearing, I made a determination that the AMWU had satisfied the provisions of the Act and an Order (PR507717) was issued on 18 March 2011 and later corrected on 21 March 2011 (PR507725). These are the reasons for issuing the Order.
[5] Ms Thiel, for the AMWU, made submissions regarding the frequency and number of negotiation meetings. The AMWU has disclosed information and given genuine consideration to proposals from the Employer.
[6] There are few, but significant, outstanding issues for which agreement has not been reached.
[7] The proposed protected industrial action is not in support of unlawful terms or pattern bargaining.
[8] The AMWU is genuinely trying to reach agreement.
[9] Mr White, for the Employer, does not oppose the making of the Order and agreed that the application conforms with sections 440 and 443 of the Act.
[10] Having heard the submission of the AMWU and the City of Wanneroo, I was satisfied that the application had been properly made under s.437 of the Act, and the Employer agreed that the Applicant was genuinely trying to reach agreement on a proposed replacement agreement for the employees to be balloted.
[11] These are the reasons for my decision to issue the Order (PR507717) on 18 March 2011 and later corrected on 21 March 2011 (PR507725).
COMMISSIONER
Appearances:
Ms S Thiel and Mr Lindsey for the AMWU.
Mr S White of WALGA for the City of Wanneroo.
Hearing details:
2011
Perth:
18 March
Printed by authority of the Commonwealth Government Printer
<Price code A, PR507904>
0
0
0