Australian Workers' Union, The v Bradken Resources Pty Ltd T/A Bradken

[2016] FWC 5245

[2016] FWC 5245

FAIR WORK COMMISSION

DECISION

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

Australian Workers' Union, The
v
Bradken Resources Pty Ltd T/A Bradken
(B2016/731)

COMMISSIONER HUNT BRISBANE, 1 AUGUST 2016

Proposed protected action ballot of employees of Bradken Resources Pty Ltd.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australian Workers’ Union (the AWU). The AWU seeks a protected action ballot order in relation to certain employees of Bradken Resources Pty Ltd (the Employer).

[2] I directed that my Associate write to the parties requesting that the Employer advise whether it objected to the Fair Work Commission (the Commission) considering the application and making the protected action ballot order in the terms of the draft order. The Employer was advised that if no response was received by 4:00pm on Friday, 29 July 2016, the Commission would consider that the Respondent does not wish to be heard and that the application would be considered on the basis of the material that has been filed.

[3] The Employer did not contact the Commission in relation to the application.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] The AWU has filed an affidavit of Ms Marina Chambers, Organiser for the AWU, in support of the application. Ms Chambers is the Branch Official with responsibility for representing the industrial interests of members employed by the Employer.

[6] I am satisfied that there has been a notification time in relation to the proposed agreement and that bargaining has commenced. Further, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR583591] based largely on the draft provided by the AWU will issue at the same time as this decision.

COMMISSIONER

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<Price code A, PR583584>