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

[2011] FWA 3090

[2011] FWA 3090

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
JBS Australia Pty Limited
(B2011/2876)

VICE PRESIDENT LAWLER MELBOURNE, 18 MAY 2011

Proposed protected action ballot by employees of JBS Australia Pty Ltd at the Dinmore operations.

[1] This is an application 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), (Union) for a protected action ballot order in relation to certain employees of JBS Australia Pty Limited (Employer).

[2] My associate was advised by the respondent that it had been served with the application and that the respondent would advance no substantive ground of opposition to an order being made (that is, the respondent did not challenge that the union had been and was genuinely trying to reach an agreement).

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

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

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR509666>