Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

[2013] FWC 196 Fair Work Commission 2013-01-01 cited 1×

Source

Cited 1×

Applicant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU)

Respondent: Metso Paper (ANZ) Pty Ltd

Ratio

The FWC is satisfied that the requirements under s.443(1) of the Fair Work Act 2009 for a protected action ballot have been met, and an order for the ballot is made. The employer did not oppose the application.

Outcome

For applicant granted

Authority signal

Cited 1× Signal-weighted score: 0.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 3

Application by AMWU for a protected action ballot of its members employed by Metso Paper (ANZ) Pty Ltd
Metso Paper advised on 8 January 2013 that it does not oppose the application
Matter determined on the papers without a hearing

Factors

For

Employer (Metso Paper) does not oppose the application
Requirements of s.443(1) of the Fair Work Act 2009 are satisfied

Against

Legislation referenced

Fair Work Act 2009 (Cth) s.437
Fair Work Act 2009 (Cth) s.443(1)

Concept tags · 3

[P]Protected action ballot order [S]Protected industrial action [S]Mining / resources sector

Archived text (223 words)

Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) [2013] FWC 196 (29 January 2013) [2013] FWC 196 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.437 —Protected action “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v Metso Paper (ANZ) Pty Ltd (B2013/9) COMMISSIONER RYAN MELBOURNE, 29 JANUARY 2013 Proposed protected action ballot by employees of Metso Paper (ANZ) Pty Ltd. [1] This is an application for a protected action ballot of members of “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) employed by Metso Paper (ANZ) Pty Ltd Limited (Metso Paper). [2] Mr Malcolm Anderson, Business Development Manager for Metso Paper, advised my chambers by email on 8 January 2013 that the company does not oppose this application. [3] In the circumstances I have decided to determine the matter on the papers without holding a hearing. [4] I am satisfied that the requirements in s.443(1) of the Fair Work Act 2009 have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AMWU has issued in conjunction with this decision. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A, PR533036>