Australian Workers' Union, The

[2016] FWC 3412

[2016] FWC 3412

FAIR WORK COMMISSION

DECISION

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

Australian Workers' Union, The
(B2016/573)

DEPUTY PRESIDENT ASBURY BRISBANE, 26 MAY 2016

Proposed protected action ballot of employees of Mulgrave Central 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. The AWU seeks a protected action ballot order in relation to certain employees of the Mulgrave Central Mill Company Limited (the Employer).

[2] Pursuant to s.442 of the Act, this matter was dealt with at the same time as two further applications under s.473 of the Act that have been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU).

[3] I directed that my Associate write to the parties requesting that the Employer advise whether it objected to the Commission considering the application and making the protected action ballot order. This correspondence advised that if no response was received I would consider that the Employer did not wish to be heard in relation to the application. On 26 May 2016 my Associate spoke with the Employer who confirmed receipt of the correspondence and that the Employer did not wish to be heard.

[4] My correspondence above also requested the AMWU, CEPU and AWU give consideration to two drafting issues in respect of their draft orders to avoid confusion between the orders and ensure consistency. Each Union agreed and amended the draft orders sought, which were provided to the Employer.

[5] 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.

[6] The AWU has filed an affidavit of Mr David Fixter in support of the application. Mr Fixter is a District Secretary of the AWU. Mr Fixter has responsibility on behalf of the AWU for representing the industrial interests of members employed by the Employer.

[7] I am satisfied that there has been a notification time in relation to the proposed agreement and that bargaining has commenced. Further, 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 [PR580856] based on the draft provided by the AWU will issue at the same time as this decision.

DEPUTY PRESIDENT

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