"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Rail Services Pty Limited

[2013] FWC 1213

[2013] FWC 1213

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 Rail Services Pty Limited
(B2013/39)

COMMISSIONER BULL SYDNEY, 22 FEBRUARY 2013

Proposed protected action ballot by employees of UGL Rail Services Pty Limited.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU). It seeks a protected action ballot order in relation to certain employees of UGL Rail Services Pty Limited (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the AMWU filed a statement dated 18 February 2013 made by Mr Steven Murphy, the NSW Assistant State Secretary of the AMWU.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the AMWU, that the AMWU has been and is, genuinely trying to reach an agreement with the Employer.

[5] An order [PR534325] based on the draft order provided by the AMWU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR534326>