"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Joy Manufacturing Company Pty Ltd trading as Joy Mining Machinery

[2011] FWA 4569

[2011] FWA 4569

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Joy Manufacturing Company Pty Ltd trading as Joy Mining Machinery
(B2011/3135)

COMMISSIONER CARGILL SYDNEY, 15 JULY 2011

Proposed protected action ballot by employees of Joy Manufacturing Company Pty Ltd trading as Joy Mining Machinery

[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 Joy Manufacturing Company Pty Ltd trading as Joy Mining Machinery (the respondent).

[2] My associate was advised by a representative of 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 AMWU had been and was genuinely trying to reach an agreement). The AMWU has provided a Statement addressing the statutory grounds.

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

[4] 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 [PR511609] based on the draft order provided by the AMWU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR511608>