"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Kaefer Onshore

[2015] FWC 5709

[2015] FWC 5709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
UGL Kaefer – Onshore
(B2015/1121)

UGL Kaefer - Offshore
(B2015/1122)

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 AUGUST 2015

Proposed protected action ballot of employees of UGL Kaefer – Onshore and employees of UGL Kaefer – Offshore.

[1] These are applications by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (AMWU) (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for protected action ballot orders in relation to certain employees of UGL Kaefer – Onshore and UGL Kaefer – Offshore (the Respondent).

[2] On 14 August 2015 the Respondent notified that it opposed the orders sought by the AMWU. On 18 August 2015 I conducted a conference between the parties. The Respondent accepted that the Applicant in each case has been and is genuinely trying to reach an agreement with it. Its opposition was founded on the nature and effect of the industrial action for which authorisation is sought, and its desire that a greater period of written notice of protected industrial action be given.

[3] Following that conference I indicated to the parties that would issue the ballot orders. I also indicated that I was satisfied that there are exceptional circumstances justifying a longer period of written notice in relation to the industrial action which is the subject of the protected action ballot applications. The notice period will be four working days.

[4] On the basis of the uncontested material before me, including the statutory declaration of Mr B Terzic of the Applicant setting out the steps taken by it in bargaining with the Respondent I am satisfied in each case that the Applicant has been, and is, genuinely trying to reach an agreement with the Respondent. I am satisfied that the requirements in s. 443(1) of the Act have been met.

[5] The orders have been issued separately in PR570998 (B2015/1121) and PR570999 (B2015/1122).

DEPUTY PRESIDENT

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<Price code A,  PR570963>