Australian Workers’ Union, The

[2015] FWC 8455

[2015] FWC 8455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
(B2015/1678)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 7 DECEMBER 2015

Proposed protected action ballot of employees of Robert Bosch (Australia) Pty Ltd.

[1] The Australian Workers’ Union (AWU) is a bargaining representative of some employees of Robert Bosch (Australia) Pty Ltd (Robert Bosch). These employees will be covered by a proposed agreement that is currently the subject of bargaining between the AWU and Robert Bosch. These employees are currently covered by the Robert Bosch (Australia) Pty Ltd Enterprise Agreement 2013. The nominal expiry date of the agreement is 31 December 2015.

[2] Robert Bosch did not oppose the application with both parties agreeing for the ballot to be conducted by way of a postal vote.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of
Mr Steven Bonica of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s. 443(1) of the Act have been met.

[5] An order has been issued separately in PR574799.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR574798>