“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Coca Cola Amatil Limited

[2013] FWC 4234

[2013] FWC 4234

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
Coca Cola Amatil Limited
(B2013/165)

SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 28 JUNE 2013

Proposed protected action ballot by employees of Coca Cola Amatil Limited.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU) for a protected action ballot order in relation to certain employees of Coca Cola Amatil Limited (the respondent).

[2] My associate was advised by the respondent that it had been served with the application and that the respondent would advance no substantive ground of opposition to an order being made (that is, the respondent did not challenge that the AMWU had been and was genuinely trying to reach an agreement). The AMWU has provided a Statutory Declaration addressing the statutory grounds.

[3] It is noted that the respondent has identified that the industry indicated on the application by the AMWU (the metals industry) is not in the respondent’s view the appropriate industry, nor is it the one identified in the current agreement (the electrical, electronic and communications contracting industry). The AMWU have responded that their view is “that the nomination of industry really only matters in panel allocation, and on that basis the AMWU will not press the point either way” 1. This is not an issue I will be determining. The classification of files by industry is an administrative process within the Commission and does not constitute a determination of the industry within the employment occurs or the applicable modern award for purposes of the better off overall test. It has no impact on the determination of the application in this case and does not need to be resolved for the purpose of approval of the ballot application.

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

[5] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR538366] based on the draft order provided by the AMWU and in the form required by Fair Work Australia has issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

 1   Email correspondence, B Terzic, 27 June 2013.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR538365>