Australian Workers' Union, The v Broadspectrum (Australia) Pty Ltd

[2019] FWC 4883

[2019] FWC 4883

The attached document replaces the document previously issued with the above code on 12 July 2019.

The document has been amended to correct the paragraph numbers.

Associate to Deputy President Dean

Dated 15 July 2019

[2019] FWC 4883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Broadspectrum (Australia) Pty Ltd
(B2019/542)

DEPUTY PRESIDENT DEAN SYDNEY, 12 JULY 2019

Proposed protected action ballot of employees of Broadspectrum (Australia) Pty Ltd.

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

[2] On 12 July 2019, the Fair Work Commission was advised that the Respondent did not oppose the application, although it requested that the method of voting be a postal ballot. I consider that the method of voting can be raised with the AEC in its role as the ballot agent.

[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 statutory declaration of Paul Farrow of the AWU declared on 11 July 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR710301.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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