“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Pacific Marine Batteries Pty Ltd T/A PMB Defence Batteries

[2019] FWC 1400

[2019] FWC 1400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 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
Pacific Marine Batteries Pty Ltd T/A PMB Defence - Batteries
(B2019/177)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 6 MARCH 2019

Proposed protected action ballot of employees of Pacific Marine Batteries Pty Ltd T/A PMB Defence - Batteries

[1] This is an application lodged on 1 March 2019 by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Pacific Marine Batteries Pty Ltd T/A PMB Defence (PMB Defence or the Respondent employer).

[2] On 1 March 2019, correspondence was sent to parties by my Associate drawing attention to inconsistencies of the name of the Respondent employer in the application and draft order.

[3] An amended application and draft order were then filed by the AMWU on 1 March 2019 addressing those inconsistencies.

[4] The Respondent employer was provided with an opportunity to indicate whether any objection would be taken to this application. On 4 March 2019 it advised that it did not object to the application “in principle”, but provided a letter to the Commission and AMWU expressing its view on the nature of the proposed industrial action and its concerns regarding the questions to be put to voters.

[5] I conducted a hearing of the matter on 6 March 2019, at which time I heard from Mr Peter Bauer of the AMWU, and Mr Rogan McMahon of Ai Group, representing PMB Defence. Also in attendance were company officers, Mr Nicholas Thorn and Ms Allison Lang.

[6] On the basis of the material before me, including the statutory declaration of Peter Bauer of the AMWU dated 1 March 2019, and of the oral submissions at the hearing, I am satisfied that the AMWU’s application is made under section 437 and that the Applicant has complied with the formalities required under the FW Act.

[7] In particular, I am satisfied that:

● The AMWU is a bargaining representative of employees who will be covered by the proposed Agreement;

● That bargaining has commenced and there is thus a notification time;

● That the application specifies the group of employees to be balloted, and the questions to be put;

● That the application was accompanied by a statutory declaration in the prescribed form as required by the Fair Work Regulations 2009 and Fair Work Commission Rules 2013; and

● That the AMWU did, within 24 hours after making the application, give a copy to the employer and to the ballot agent (the Australian Electoral Commission).

[8] In those circumstances, an order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

Appearances:

P. Bauer, for the AMWU

R. McMahon, with N. Thorn and A. Lang, for the Respondent

Hearing details:

2019.

Adelaide; by Telephone.

6 March.

Printed by authority of the Commonwealth Government Printer

<PR705486>

 1   PR705487