Australian Municipal, Administrative, Clerical and Services Union v Hazelwood Power T/A International Power GDF Suez

[2012] FWA 5486

[2012] FWA 5486

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
Hazelwood Power T/A International Power GDF Suez
(B2012/1050)

COMMISSIONER GAY DARWIN, 28 JUNE 2012

Proposed protected action ballot by employees of Hazelwood Power T/A International Power GDF Suez.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australian Municipal, Administrative, Clerical and Services Union (the Union) for a protected action ballot order in relation to certain employees of Hazelwood Power (trading as International Power GDF Suez (the Respondent).

[2] Attached to the Union’s application of 25 June 2012 was a ‘statement in support’ by the Union Organiser Mr Cameron Wright. Mr Richard Duffy the Assistant Branch Secretary of the Union provided a Statutory Declaration in the following terms: “That the Australian Municipal, Administrative, Clerical and Services Union has been and is genuinely trying to reach an agreement with Hazelwood Power trading as International Power GDF Suez, the employer of the employees who are to be balloted”.

[3] By email on 27 June 2012, King & Wood Mallesons, solicitors for the Respondent, advised Fair Work Australia that the Respondent “...does not intend to oppose the Application for a Protected Action Ballot Order filed by the Australian Municipal, Administrative, Clerical and Services Union (Victorian & Tasmanian Authorities and Services Branch) on 25 June 2012”.

[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 set out in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR525674] based on the draft order provided by the Union has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR525673>