“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Fuelquip (Australia) Pty Ltd T/A ECL Fuelquip

[2011] FWA 6225

[2011] FWA 6225

FAIR WORK AUSTRALIA

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
Fuelquip (Australia) Pty Ltd T/A ECL Fuelquip
(B2011/216)

COMMISSIONER RYAN MELBOURNE, 9 SEPTEMBER 2011

Proposed protected action ballot by employees of ECL Group Limited t/a ECL Fuelquip - method of voting to be by postal ballot.

[1] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has applied to Fair Work Australia for an order under s.443 of the Fair Work Act 2009 (the Act) requiring a protected action ballot to be conducted by the Australian Electoral Commission (AEC) to determine whether employees of Fuelquip (Australia) Pty Limited T/A ECL Fuelquip (Fuelquip) wish to engage in particular protected industrial action for a proposed enterprise agreement.

[2] Fuelquip in this matter is represented by the Australian Industry Group (AIG).

[3] On 7 September 2011 I received an email from AIG stating that Fuelquip does not oppose the application however it sought that the Tribunal recommend to the AEC that the ballot be conducted by a postal vote.

[4] The matter was listed for hearing on 9 September 2011 to hear from the parties in relation to the conduct of the ballot.

[5] Following discussions it was agreed by the parties that the preferred method of voting in the ballot is a postal ballot and the Tribunal so notes.

[6] I am satisfied that the requirements set out in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AMWU has issued in conjunction with this decision.

COMMISSIONER

Appearances:

Ms E McGrath, for the AMWU

Ms B Murdoch, Australian Industry Group for the respondent

Hearing details:

2011
Melbourne
September 9

Printed by authority of the Commonwealth Government Printer

<Price code A, PR514473>