Australian Workers' Union, The v ACI Operations Pty Ltd T/A O-I Adelaide

[2017] FWC 5438

[2017] FWC 5438

FAIR WORK COMMISSION

DECISION

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

Australian Workers’ Union, The
v
ACI Operations Pty Ltd T/A O-I Adelaide
(B2017/995)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 20 OCTOBER 2017

Proposed protected action ballot of employees of ACI Operations Pty Ltd T/A O-I Adelaide

[1] This is an application lodged on 19 October 2017 by the Australian Workers’ Union (the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of ACI Operations Pty Ltd T/A O-I Adelaide.

[2] The Respondent employer was provided with an opportunity to indicate whether any objection would be taken to the application. The employer has advised that it “neither consents nor objects” to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr Peter Lamps of the AWU dated 19 October 2017, setting out the steps taken by it in bargaining with the Respondent and confirming that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An Order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

 1   PR596972

Printed by authority of the Commonwealth Government Printer

<Price code A, PR596973>