“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Tech Tooling

[2011] FWA 6049

[2011] FWA 6049

FAIR WORK AUSTRALIA

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
Tech Tooling
(B2011/209)

COMMISSIONER RYAN MELBOURNE, 9 SEPTEMBER 2011

Proposed protected action ballot by employees of Tech Tooling.

[1] This is an application for a protected action ballot of members of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) employed by Tech Tooling at its workplace in Victoria.

[2] This application was filed by the AMWU on 31 August 2011.

[3] Following receipt of an email from Mr Joe Infantino, Director of Tech Tooling that the company would oppose the application, the matter was listed for hearing on 6 September 2011.

[4] Subsequent to the listing being issued, Mr Infantino requested an adjournment to seek legal advice.

[5] On the morning of 6 September 2011 Mr Infantino advised my chambers that Tech Tooling does not now oppose the application.

[6] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[7] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AMWU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR514252>