“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Silcar Pty Ltd
[2012] FWA 6047
•17 JULY 2012
[2012] FWA 6047 |
|
DECISION |
Fair Work Act 2009
s.437—Protected action
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Silcar Pty Ltd
(B2012/929)
COMMISSIONER BISSETT | MELBOURNE, 17 JULY 2012 |
Proposed protected action ballot by employees of Silcar Pty Ltd.
[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the “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 Silcar Pty Ltd (the Respondent). The application was made on 11 July 2012.
[2] Both parties failed to appear at the hearing for this matter. The Respondent subsequently apologised for failing to advise that it did not intend to appear. My associate contacted the Applicant and sought a declaration that it had met the requirements of s.443 of the Act. This was subsequently provided by the Applicant. I take from the non-appearance of the Respondent that it does not wish to advance any substantive grounds in opposition to the order being made.
[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
[4] Section 443(1) of the Act states:
443 When FWA must make a protected action ballot order
(1) FWA must make a protected action ballot order in relation to a proposed enterprise agreement if:
(a) an application has been made under section 437; and
(b) FWA is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.
[5] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the order must be made. The order [PR526409] is based on the draft order provided by the AMWU and is issued in conjunction with this decision.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR526410>
0
0
0