Australian Workers' Union, The

[2016] FWC 6819

[2016] FWC 6819

FAIR WORK COMMISSION

DECISION

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

Australian Workers' Union, The
(B2016/1024)

DEPUTY PRESIDENT ASBURY BRISBANE, 22 SEPTEMBER 2016

Proposed protected action ballot of employees of Isis Central Sugar Mill Company Limited.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australian Workers’ Union (AWU). The AWU seeks a protected action ballot order in relation to certain employees of Isis Central Sugar Mill Company Limited (the Employer).

[2] On 21 September 2016 my Associate, at my request, wrote to the Employer requesting its view in relation to the application. The Employer has advised that it objects to the proposed orders sought by the AWU, in the terms sought.

[3] The Employer submits that, pursuant to s.443(5) of the Act, the Commission should exercise the discretion to extend the period of notice referred to in s.414(2)(a) of the Act to a period of 5 working days. The Employer submits that there are exceptional circumstances that would justify the extension of the notice period.

[4] The Employer states that 3 working days’ notice is unlikely to provide sufficient notice for it to implement contingency planning, which will allow the employer to safely shut down boilers; ensure that crop does not deteriorate; ensure that there is no lost product; and continue to supply to its customers. The AWU has consented to the extended period of notice being granted.

[5] I am satisfied, given the nature of the Employer’s operations that there are exceptional circumstances to justify an extension of the notice period specified in s.414(2)(a) of the Act to 5 working days.

[6] The AWU has filed a Statement of Mr Gavin Duncan in support of the application. Mr Duncan is the Organiser who has responsibility for representing the industrial interests of members of the AWU employed by the Employer. On the basis of the information provided by Mr Duncan I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR585675] based on the amended draft provided by the AWU will issue at the same time as this decision.

DEPUTY PRESIDENT

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