“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Visypak Operations Pty Ltd
[2011] FWA 7522
•2 NOVEMBER 2011
[2011] FWA 7522 |
|
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
Visypak Operations Pty Ltd
(B2011/283)
COMMISSIONER RYAN | MELBOURNE, 2 NOVEMBER 2011 |
Proposed protected action ballot by employees of Visypak Operations Pty Ltd - Shepparton.
[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 Visypak Operations Pty Ltd in Shepparton (Visypak).
[2] This application was filed by the AMWU on 27 October 2011.
[3] On 28 October 2011 I made contact with Mr Earl Hayes of Visypak to ascertain whether Visypak either opposed the application or otherwise wished to be heard on the application. Mr Hayes indicated to me that he thought the application premature and wanted the opportunity to be heard in relation to this matter.
[4] The matter was listed for hearing, by telephone, on 28 October 2011. In attendance were Mr Hayes for Visypak and Ms McGrath of the AMWU.
[5] Mr Hayes conceded during the hearing that negotiations had been and are ongoing and that the AMWU had been and are genuinely trying to reach agreement. Mr Hayes’ main submission was that as further meetings had been scheduled he would have preferred that the application for a protected action ballot order not be made at this time.
[6] 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 was issued on 31 October 2011 [PR516210].
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR516307>
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