"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Weir Minerals Australia Ltd

[2013] FWC 3936

[2013] FWC 3936

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
Weir Minerals Australia Ltd
(B2013/157)

COMMISSIONER BULL SYDNEY, 19 JUNE 2013

Proposed protected action ballot by employees of Weir Minerals Australia Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) for a protected action ballot order in relation to certain employees of Weir Minerals Australia Ltd (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 14 June 2013 made by Ms Vanessa Seagrove, an Industrial Officer of the AMWU. Ms Seagrove’s statement refers to 18 seperate meetings held with the Employer with the intention of reaching an agreement.

[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 [PR537999] 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, PR537998>