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

[2013] FWC 7756

[2013] FWC 7756

FAIR WORK COMMISSION

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
Tibaldi Australasia
(B2013/240)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Tibaldi Australasia
(B2013/1279)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 3 OCTOBER 2013

Proposed protected action ballot by employees of Tibaldi Australasia.

[1] These are applications by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made under s.437 of the Fair Work Act 2009 (the Act) for protected action ballot orders in relation to certain employees of Tibaldi Australasia (the Respondent).

[2] The AMWU and the CEPU have provided Statutory Declarations addressing the statutory grounds. Those Statutory Declaration makes it clear that the parties have met on approximately five occasions (AMWU) and six occasions (CEPU) since 19 March 2013 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.

[3] On 2 October 2013 I was advised by Mr Herbert Fischbacher, from Mason Sier Turnbull, that he was acting for the Respondent and that the Respondent did not intend to oppose either application. In doing so, the Respondent did not challenge that the AMWU and the CEPU had been and were genuinely trying to reach agreement.

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make orders. The orders [PR542874 and PR542875] are based on the draft orders provided by the AMWU and the CEPU and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR542873>