Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Transfield (Australia) Pty Ltd

[2009] FWA 93

[2009] FWA 93

FAIR WORK AUSTRALIA

RECOMMENDATION

Fair Work Act 2009
s.229 - Application for a bargaining order

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
v
Transfield (Australia) Pty Ltd
(B2009/10454)

SENIOR DEPUTY PRESIDENT DRAKE CANBERRA, 14 AUGUST 2009

[1] Transfield (Australia) Pty Ltd (Transfield) will provide a document to the bargaining agent representatives which consolidates the proposal it wishes to place before its employees by close of business Wednesday, 19 August, 2009.

[2] The bargaining agent representatives and Transfield will attend a meeting to discuss the Transfield proposal on Friday, 21 August, 2009.

[3] At that meeting on Friday, 21 August, 2009 Transfield will inform the bargaining agent representatives as to which employees, ie their number and classification, it is intended that its proposal should cover.

[4] Ten (10) days will then be allowed for the bargaining agent representatives to confer with their members and discuss Transfield’s offer and to put any counter offer which might arise from those conferences.

[5] If Transfield still intends to proceed with an employee ballot on its proposal it should nominate a date for the ballot after 2 September, 2009.

[6] The bargaining agent representatives shall meet further with Transfield to discuss the proposal in the week commencing 24 August, 2009.

[7] During this process Transfield will not attempt to bypass the bargaining agent representatives in relation to its proposal by contacting for this purpose the members of the bargaining agent representatives directly, in meetings or by text or other telephonic messages.

[8] Transfield will deal with all officers and delegates of the bargaining agent representatives who are authorised by their organisations to conduct negotiations.

[9] The bargaining agent representatives will seek to adjourn the application for protected action orders which are currently listed before Commissioner Roberts, subject to his discretion, to a date after the meeting of Friday, 21 August, 2009.

[10] Those proceedings currently listed before Commissioner Roberts and these proceedings will be listed for hearing before a single member, subject to Commissioner Robert’s discretion, on a date after 21 August, 2009. For that purpose I am available on Tuesday, 24 August, 2009.

[11] The employee ballot regarding Transfield’s proposal will be held on a date after 2 September 2009, notice of which date will be given to the employees in accordance with the Act.

[12] The ballot will be held at the respondent’s premises during times, and in a manner agreed to, by a representative of the bargaining agents and a representative of Transfield, both of whom will be appointed as returning officers, at the meeting previously referred to on Friday, 21 August 2009.

[13] Should the manner in which the ballot is to take place not be agreed between the representatives of the bargaining agents and Transfield on Friday, 21 August, 2009, the conduct of the ballot will be referred to me and I will make a further recommendation as to those issues.

SENIOR DEPUTY PRESIDENT

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