Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Bundaberg Brewed Drinks Pty Ltd

[2013] FWC 3142

[2013] FWC 3142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Bundaberg Brewed Drinks Pty Ltd
(B2013/886)

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Bundaberg Brewed Drinks Pty Ltd

(B2013/887)

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 20 MAY 2013

Proposed protected action ballot by employees of Bundaberg Brewed Drinks Pty Ltd.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (The Applicants). The Applicants seek protected action ballot orders in relation to certain employees of Bundaberg Brewed Drinks Pty Ltd (the Respondent).

[2] The Applicants have filed their submission in line with the Directions. The Respondent has provided an email received on 16 May 2013 advising that it does not object to the application, and the Respondent does not contest the orders in the terms sought by the Applicants.

[3] However the Respondent reserves its rights in relation to responding to the material provided in support of the application by the Applicants.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, the orders must be made. Orders [PR537041 and PR537042] based on the drafts provided by the Applicants will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE875085  PR537040>