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

[2015] FWC 110

[2015] FWC 110

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
Mobil Refining Australia Pty Ltd
(B2015/2)

COMMISSIONER JOHNS MELBOURNE, 7 JANUARY 2015

Proposed protected action ballot of employees of Mobil Refining Australia Pty Ltd.

[1] On 5 January 2015 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made an application for a protected action ballot order in relation to a group of employees of Mobil Refining Australia Pty Ltd (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by the Mobil Altona Refinery Maintenance Framework Agreement 2011 (Agreement) which passed its nominal expiry date on 31 December 2014.

[5] On 6 January 2015 at 1.03pm, the Employer wrote to the Commission objecting to the Respondent being named as Mobil Oil Australia Pty Ltd.

[6] On 6 January 2015 at 3.40pm, Mr Barry Terzic of the AMWU wrote to the Commission accepting that the application should be amended.

[7] At 3.59pm on 6 January 2015, the Employer confirmed in writing to the Commission of no objection to the application being amended to name the correct Respondent, that is, Mobil Refining Australia Pty Ltd.

[8] The Commission, as presently constituted, amends the application accordingly pursuant to s 586 of the Act.

[9] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[10] The Order [PR559760] will be issued concurrently with this decision.

COMMISSIONER

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