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

[2012] FWA 4203

[2012] FWA 4203

FAIR WORK AUSTRALIA

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
Croydon Site Installations Pty Ltd
(B2012/779)

COMMISSIONER BULL SYDNEY, 15 MAY 2012

Proposed protected action ballot by employees of Croydon Site Installations Pty Ltd

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (FW Act) by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU). It seeks a protected action ballot order in relation to certain employees of Croydon Site Installations Pty Ltd (the Employer).

[2] The applicant relies upon a witness statement of Mr Greg Cummings from the AMWU, providing information about matters relevant to s.443 of the FW Act.

[3] The AMWU initially named Croydon Industries Pty Ltd as the respondent. At the hearing the AMWU sought to amend the F34 Form filed in this matter, such that the name of the respondent be changed to Croydon Site Installations Pty Ltd. There was no opposition to this amendment. In accordance with s.586(a) of the FW Act, I allow this amendment to the application.

[4] The Employer does not oppose the application other than the removal of clause 6 of the draft order, with respect to the Posting of the Order. The FW Act makes no references to the need for a protected action ballot order to be posted on notice boards and in the circumstances described by the Employer’s representative I find that on this occasion it is not appropriate to include this requirement in the order.

[5] In view of there being no evidence in opposition, I am satisfied that each of the relevant requirements of the FW Act, and s.443 in particular, have been met. Accordingly, an order must be made. An order [PR523812] is issued in conjunction with this decision.

COMMISSIONER

Appearances:

A Walkaden for the Australian Manufacturing Workers' Union.

P Verberne for Croydon Site Installations Pty Ltd.

Hearing details:

2012.
Sydney.
15 May

Printed by authority of the Commonwealth Government Printer

<Price code A, PR523846>