Australian Workers' Union, The v Alpine Resorts Victoria
[2024] FWC 1261
•15 MAY 2024
| [2024] FWC 1261 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Workers' Union, The
v
Alpine Resorts Victoria
(B2024/534)
| COMMISSIONER ALLISON | MELBOURNE, 15 MAY 2024 |
Proposed protected action ballot of employees of Alpine Resorts Victoria
This is an application by the Australian Workers’ Union (AWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Alpine Resorts Victoria (Alpine or Employer).
On 14 May 2024, the Commission was advised that the Employer did not object to the Application.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
On the basis of the material before me, including the declaration of James Newbold, Organiser, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Alpine, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.
The ballot is to be conducted by the Australian Electoral Commission (AEC).
For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 25 June 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR775004.
I will shortly issue a further Order requiring all bargaining representatives to attend a s 448A compulsory conciliation conference. I will also issue Directions to ensure that the parties attending the conference are ready to conduct meaningful negotiations.
COMMISSIONER
[1] This is, in effect, thirty (30) working days from the date of the Order, as sought in the application.
Printed by authority of the Commonwealth Government Printer
<PR775003>
0
0
0