"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v WH Heck & Sons Pty Ltd

[2012] FWA 6171

[2012] FWA 6171

FAIR WORK AUSTRALIA

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
WH Heck & Sons Pty Ltd
(B2012/1157)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
WH Heck & Sons Pty Ltd
(B2012/1158)

The Australian Workers’ Union of Employees, Queensland (AWUEQ)
v
WH Heck & Sons Pty Ltd
(B2012/1159)

COMMISSIONER SPENCER BRISBANE, 20 JULY 2012

Proposed protected action ballot by employees of WH Heck & Sons Pty Ltd.

[1] This decision concerns applications 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), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and The Australian Workers’ Union of Employees, Queensland (AWUEQ), together the Applicants. The Applicants seek a protected action ballot order in relation to certain employees of WH Heck & Sons Pty Ltd (Employer).

[2] The Employer has advised in writing that it does not oppose the application.

[3] In the circumstances a hearing is not necessary and the matter is to be determined on the papers.

[4] Sworn statements were received from the following persons in support of the application:

• Mr Beau Malone, Organiser of the CEPU;



• Mr James Martin, Organiser of the AWU; and



• Mr Alan Lacey, Organiser of the AMWU.

[5] On the basis of this material I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An Order based upon the draft order of each Applicant will issue in each matter separately.

COMMISSIONER

Hearing details:

On the papers.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR526559>