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

[2013] FWC 4577

[2013] FWC 4577

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
Komatsu Australia Pty Ltd
(B2013/1016)

SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 10 JULY 2013

Proposed protected action ballot by employees of Komatsu Australia Pty Ltd at Wacol.

[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) (the AMWU) for a protected action ballot order in relation to certain employees of Komatsu Australia Pty Ltd (the respondent).

[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 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 [PR538791] based on the draft order provided by the AMWU and in the form required by Fair Work Australia has issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

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