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

[2015] FWC 7488

[2015] FWC 7488

The attached document replaces the document previously issued with the above code on 29 October 2015,

The name of the Respondent (Kempe Engineering Services Pty Ltd) has been removed and replaced with ‘Kempe Engineering Pty Ltd’.

Rachel Kimber

Associate to Deputy President Gostencnik

Dated 5 November 2015

[2015] FWC 7488

FAIR WORK COMMISSION

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
Kempe Engineering Pty Ltd
(B2015/1399)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 29 OCTOBER 2015

Proposed protected action ballot of employees of Kempe Engineering Pty Ltd.

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

[2] On 29 October 2015 my associate was advised that the Respondent did not object to 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 statutory declaration of Mr D Vroland of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR573461.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR573462>