"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Ridders Fresh Pty Ltd T/A Tibaldi Smallgoods
[2013] FWC 1296
•28 FEBRUARY 2013
[2013] FWC 1296 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.229 - Application for a bargaining order
"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Ridders Fresh Pty Ltd T/A Tibaldi Smallgoods
(B2013/645)
COMMISSIONER ROE | MELBOURNE, 28 FEBRUARY 2013 |
Application to revoke bargaining order.
[1] Further to the Decision issued on 27 February 2013 [[2013] FWC 1250] and the Order issued on 21 February 2013 [PR534318], Ridders Fresh Pty Ltd T/A Tibaldi Smallgoods (the employer or Tibaldi) made an application on 26 February 2013 seeking to have the Order revoked.
[2] On 25 February 2013 Tibaldi agreed to remove the maintenance employees from the coverage of the proposed enterprise agreement and to bargain separately with the AMWU on behalf of maintenance employees whom it represents. On 27 or 28 February 2013 Tibaldi issued a notice of representational rights to maintenance employees. Tibaldi has also agreed to meet with the AMWU and I am satisfied has taken reasonable steps to arrange for these bargaining meetings to take place.
[3] The AMWU advised that it will not oppose the application to set the order aside if the Tibaldi undertakes to meet with the AMWU in relation to bargaining for the maintenance agreement. The AMIEU advised that it will not oppose the application to set the order aside if Tibaldi undertakes to negotiate a standalone agreement with the AMWU in respect of maintenance employees. I am satisfied that no further undertaking is required given the actions taken by Tibaldi referred to above.
[4] In these circumstances the Order no longer has any purpose.
[5] An Order will be issued revoking the bargaining Order.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR534434>
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