Benchmark WA Industrial Relations Case Database

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

[2013] FWC 421 Fair Work Commission 2013-01-01 cited 1×
Source
Cited 1×
Applicant: Australian Manufacturing Workers' Union (AMWU)
Respondent: Skilled Group Limited

Ratio

The application for a protected action ballot under s.437 of the Fair Work Act 2009 was granted because the applicant satisfied the requirements of s.443(1) of the Fair Work Act 2009. The respondent did not oppose the application and confirmed the AMWU had been genuinely trying to reach agreement.

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 · 4

  • Application for protected action ballot by AMWU members employed by Skilled Group Limited at Impact Fertilisers Pty Ltd Derwent Park Road site
  • Respondent (Skilled) advised on 17 January 2013 that it did not oppose the application
  • Respondent confirmed that AMWU had been genuinely trying to reach agreement with Skilled
  • Matter determined on the papers without a hearing

Factors

For
  • Respondent did not oppose the application
  • AMWU had been genuinely trying to reach agreement with Skilled
  • Requirements of s.443(1) of the Fair Work Act 2009 were 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 [P]Protected industrial action [S]Conciliation and arbitration powers
Archived text (239 words)
Application by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) [2013] FWC 421 (18 January 2013) [2013] FWC 421 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 Skilled Group Limited (B2013/549) COMMISSIONER RYAN MELBOURNE, 18 JANUARY 2013 Proposed protected action ballot by employees of Skilled Engineering. [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 Skilled Group Limited (Skilled) and working at the Impact Fertilisers Pty Ltd Derwent Park Road site. [2] Mr Paul Borobokas, General Manager Workplace Relations for Skilled, advised my chambers by email on 17 January 2013 that the company does not oppose this application and that the AMWU has been genuinely trying to reach agreement with Skilled. [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, PR533309>