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

[2014] FWC 5804

[2014] FWC 5804

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
Tieman Industries Pty Ltd
(B2014/1275)

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Tieman Industries Pty Ltd
(B2014/1276)

COMMISSIONER RYAN MELBOURNE, 22 AUGUST 2014

Proposed protected action ballots of employees of Tieman Industries Pty Ltd.

[1] This decision concerns two applications by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) for applications for protected action ballots to be conducted of employees of Tieman Industries Pty Ltd (the Employer) who are members of the AMWU. One application covers employees who are field service technicians and the other covers employees who are not field service technicians.

[2] Following contact with the Employer by my associate, Mr Arnold Garcia, Group Human Resources Manager, emailed my chambers indicating that the Employer did not oppose these applications.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC 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) the FWC 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.

[4] The AMWU has demonstrated that it has met the requirements of s.443(1) of the Act in respect of both applications in a statement signed by Barry Terzic, an Official of the AMWU.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Orders must be made. The orders will be issued in the terms sought by the AMWU.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR554608>