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

[2013] FWC 4797

[2013] FWC 4797

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
Demag Cranes and Components Pty Ltd
(B2013/1034)

COMMISSIONER RYAN MELBOURNE, 18 JULY 2013

Proposed protected action ballot by employees of Demag Cranes and Components Pty Ltd.

[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) for a protected action ballot order in relation to certain employees of Demag Cranes and Components Pty Ltd (the respondent).

[2] My associate received correspondence from the respondent acknowledging that it does not oppose the application.

[3] The AMWU filed a Statutory Declaration detailing how it says it has been and is genuinely trying to reach agreement with the respondent.

[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 [PR539055] has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR539056>