The Australian Workers' Union “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) Construction, Forestry, Mining and Energy...

[2012] FWA 10300

[2012] FWA 10300

FAIR WORK AUSTRALIA

DECISION

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

The Australian Workers' Union
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
Construction, Forestry, Mining and Energy Union
v
Impact Fertilisers Pty Ltd
(B2012/2071), (B2012/2072) and (B2012/2075)

SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 5 DECEMBER 2012

Proposed protected action ballots by employees of Impact Fertilisers Pty Ltd.

[1] These are applications pursuant to s.437 of the Fair Work Act 2009 (theAct) by The Australian Workers’ Union (AWU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) for protected action ballot orders in relation to certain employees of Impact Fertilisers Pty Ltd (the respondent).

[2] My associate was advised by the respondent that it had been served with the applications and that the respondent would advance no substantive ground of opposition to orders being made (that is, the respondent did not challenge that the AWU, the AMWU and the CFMEU had been and was genuinely trying to reach an agreement).

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, orders must be made. The orders [PR532042], [PR532043] [PR532044] based on the draft orders provided by the AWU, AMWU and CFMEU respectively and in the form required by Fair Work Australia have been issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR532087>