Australian Workers' Union, The v Australian Char Pty Ltd

[2020] FWC 5580

[2020] FWC 5580

FAIR WORK COMMISSION

DECISION

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

Australian Workers' Union, The
v
Australian Char Pty Ltd
(B2020/641)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 20 OCTOBER 2020

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 19 October 2020, the Respondent advised my Associate that, aside from safety concerns it raised in relation to some of the proposed forms of industrial action, it did not object to the application. The Respondent did not provide a statutory basis to object to the application on the grounds of the concerns raised.

[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 W 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 PR723684.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR723683>