"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Newcastle Commercial Vehicles Pty Ltd T/A Daimler Trucks Newcastle

[2015] FWC 7748

[2015] FWC 7748

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
Newcastle Commercial Vehicles Pty Ltd T/A Daimler Trucks Newcastle
(B2015/1551)

COMMISSIONER SAUNDERS NEWCASTLE, 12 NOVEMBER 2015

Proposed protected action ballot of employees of Newcastle Commercial Vehicles Pty Ltd T/A Daimler Trucks Newcastle.

[1] This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Newcastle Commercial Vehicles Pty Ltd T/A Daimler Trucks Newcastle (the Respondent).

[2] On 12 November 2015, the Fair Work Commission received written communication from David Williamson, HR/WHS Manager, AHG Newcastle, advising that the Respondent does not oppose the application. I have therefore determined the matter on the basis of the documentation filed by the AMWU.

[3] In support of the application, the AMWU filed a statement of Mr Clinton Lewin, industrial officer of the AMWU. The statement was dated 9 November 2015 and described the steps taken by the AMWU in bargaining with the Respondent.

[4] For the purposes of s.443(1) of the Act, I am satisfied that:

(a) an application has been made under s.437 of the Act; and

(b) the AMWU has been, and is, genuinely trying to reach agreement with the Respondent.

[5] Accordingly, a protected action ballot order must be made.

[6] The order [PR573832] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR573833>