“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Deanmac Emergency Services Pty Ltd

[2013] FWC 1455

[2013] FWC 1455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.447—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Deanmac Emergency Services Pty Ltd
(B2013/688)

COMMISSIONER LEWIN MELBOURNE, 7 MARCH 2013

Application for a variation of a Protected Action Ballot Order in B2013/656.

[1] On 4 March 2013 I issued a Protected Action Ballot Order [PR534362] on application by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) in relation to employees of Deanmac Emergency Services Pty Ltd (the Employer).

[2] On 5 March 2013 the AMWU made an application under section 447 of the Fair Work Act 2009 to vary that Order. Section 447 provides as follows;

447 Variation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC to vary the order.

(2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the protected action ballot order to change the date by which voting in the ballot closes.

(3) An application may be made under subsection (1) or (2):

(a) at any time before the date by which voting in the protected action ballot closes; or

(b) if the ballot has not been held before that date and the FWC consents—after that time.

(4) If an application is made under subsection (1) or (2), the FWC may vary the protected action ballot order.

[3] Upon receiving the AMWU’s application, I contacted both the Employer and the Employer’s representative, Anthony Dalton of the Australian Industry Group, seeking the Employer’s view on the variation, specifically whether it objected to the variation being made.

[4] On 6 March 2013, the Employer’s representative informed me that the Employer did not object to the variation being made.

[5] As there is no objection, I find it appropriate to make the variation sought by the AMWU. I will issue an Order accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR534630>