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

[2011] FWA 9193

[2011] FWA 9193

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
MRI (Aust) Pty Ltd
(B2011/4106)

COMMISSIONER CARGILL SYDNEY, 22 DECEMBER 2011

Proposed protected action ballot by employees of MRI (Aust) Pty Ltd.

[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 MRI (Aust) Pty Ltd (the respondent).

[2] My associate received correspondence from the respondent acknowledging that it had been served with the application and he also received short minutes of order signed by solicitors representing the applicant and respondent respectively. The essence of that document is that the respondent consents to an order being made in terms of the draft order sought by the AMWU. The document also contains an undertaking that the AMWU, or persons on its behalf, will not use any admission by the respondent in this matter in any other proceedings or for any other purpose.

[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 [PR518406] 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, PR518405>