"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Racing NSW

[2013] FWC 1447

[2013] FWC 1447

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
Racing NSW
(B2013/52)

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 8 MARCH 2013

Proposed protected action ballot by employees of Racing NSW.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (FW Act) by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU). It seeks a protected action ballot order in relation to certain employees of Racing NSW (Employer).

[2] The Employer advised that it did not oppose the application. I have received, and rely upon a witness statement of Mr Steve Mulley, an AMWU delegate, providing information about matters relevant to s.443 of the FW Act. I have also received, and considered email correspondence sent by Ms Natalie Tipping of Racing NSW to the AMWU dated 7 March 2013.

[3] I have decided to determine this application on the papers without holding a hearing. I am satisfied that each of the relevant requirements of the FW Act, and s.443 in particular, have been met. Accordingly, an order must be made. An order [PR534637] based on the draft order provided by the AMWU will be issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR534620>