Australian Workers' Union, The v Boral Resources (Vic) Pty Ltd T/A Boral Asphalt
[2023] FWC 905
•18 APRIL 2023
| [2023] FWC 905 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Australian Workers’ Union, The
v
Boral Resources (Vic) Pty Ltd T/A Boral Asphalt
(B2023/348)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 18 APRIL 2023 |
Proposed protected action ballot of employees of Boral Resources (Vic) Pty Ltd Trading As Boral Asphalt
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 Boral Resources (Vic) Pty Ltd (Respondent).
On 17 April 2023, my Associate was advised that the Respondent 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 Mr Marc McPhee 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.
An order has been separately issued in PR761159.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR761158>
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