"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Columbia Philip Street Property Pty Ltd T/A Columbia Die Sinking
[2011] FWA 4702
•20 JULY 2011
[2011] FWA 4702 |
|
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
Columbia Philip Street Property Pty Ltd T/A Columbia Die Sinking
(B2011/157)
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 20 JULY 2011 |
Proposed protected action ballot by employees of Columbia Phillip Street Property Pty Ltd T/A Columbia Die Sinking.
[1] The following decision, now edited, was given in transcript on 18 July 2011.
[2] This is an application 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) for the making of a protected action ballot order with employees employed by Columbia Philip Street Property Pty Ltd T/A Columbia Die Sinking (the company). The AMWU has provided two sets of written submissions, one of which sets out and documents the actions it relies on in relation to the proposition that it has been and is genuinely trying to reach agreement. Those actions are comprised of the service of a log of claims upon the company on 11 November 2010 and correspondence of 7 February 2011 and 5 July 2011.
[3] The company has declined to engage in discussions directed to the reaching of an agreement of the scope sought by the AMWU. It has done so on the basis of reorganisation and significant downsizing of two companies which are to be melded.
[4] It appears that the company has taken steps, to terminate the Columbia Die Sinking Company Proprietary Limited Union Collective Agreement 2007 (the current agreement) covering the employees, the subject of the current application, and to vary the Columbia Consolidated Industries Pty Ltd National Union of Workers Union Collective single Enterprise Agreement 2009-2012 (the CCI agreement) to cover those employees through to its nominal expiry date of November 2012. In this regard, Commissioner Blair, in matter AG2011/209, determined in transcript that the current agreement covering employees subject to the present application, would be terminated conditional upon variation of the CCI agreement, to cover relevant employees and to which the AMWU could be a party.
[5] The making of the protected action order may be of no effect in circumstances in which the application to vary the CCI agreement is made and granted. However, absent any such application to vary the CCI agreement and, more relevantly, absent any decision at this point of time to terminate the current agreement and vary the CCI agreement to cover the employees subject to the current ballot application, the AMWU as bargaining representative of its members is entitled to bring its application under s.437 of the Act.
[6] Having regard to the matters in s.443 of the Act, I am required to make a protected action ballot order if satisfied an application has been made under s.437, and that each applicant has been, and is genuinely trying to reach an agreement with the employer of the employees who are to be balloted.
[7] I am satisfied in relation to each of those matters. The AMWU has made relevant application and is entitled to do so and has affected service as required. Further, on the basis of the steps taken by the AMWU to pursue the agreement it is seeking, which I have already outlined, I am satisfied that it has been and is genuinely trying to reach an agreement with the employer of the employees to be balloted.
[8] Accordingly, I will issue the order [PR512282] in the terms sought by the AMWU.
[9] It is plain from what was said by Mr King on behalf of the company, that an application will be shortly made to give effect to the variation of the CCI agreement and termination of the current agreement dealt with by Commissioner Blair on 16 June 2011. The making of a ballot order obviously has no effect on those proceedings and the deliberations of Commissioner Blair in determining the matters before him.
SENIOR DEPUTY PRESIDENT
Appearances:
E. McGrath on behalf of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).
S. King on behalf of Columbia Philip Street Prperty Pty Ltd T/A Columbia Die Sinking.
Hearing details:
2011.
Melbourne:
July 18.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR512281 >
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