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

[2013] FWC 2257

[2013] FWC 2257

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
FMP Group (Australia) Pty Ltd
(B2013/82)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 12 APRIL 2013

Proposed protected action ballot by employees of FMP Group (Australia) Pty Ltd.

[1] This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of FMP Group (Australia) Pty Ltd (the respondent).

[2] On 11 April 2013 my associate was advised by the respondent that it was aware of the application and would not oppose the application.

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

[4] On the basis of the material before me, including the unchallenged submissions of the applicant setting out the steps taken by it in bargaining with the respondent and that it has been, and is, genuinely trying to reach agreement with the respondent, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR535586] is based on the draft orders provided by the AMWU with its application but does not include proposed paragraph 3.2 of the draft order as in my view, no utility is served by including that paragraph in the final order.

DEPUTY PRESIDENT

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