Australian Workers' Union, The v Australian Char Pty Ltd

[2021] FWC 430

[2021] FWC 430

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Australian Char Pty Ltd
(B2021/33)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 29 JANUARY 2021

Proposed protected action ballot of employees of Australian Char Pty Ltd.

[1] This is an application by the Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Australian Char Pty Ltd (Respondent).

[2] On 29 January 2021, my Associate was advised that the Respondent did not object 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 declaration of Mr Warren Jones of the Applicant setting out the steps taken by it in bargaining with the Respondent and 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 s.443(1) of the Act have been met.

[5] An order has been separately issued in PR726500.

DEPUTY PRESIDENT

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