Australian Workers' Union, The v Caltex Australia Petroleum Pty Ltd

[2016] FWC 6353

[2016] FWC 6353

FAIR WORK COMMISSION

DECISION

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

Australian Workers' Union, The
v
Caltex Australia Petroleum Pty Ltd
(B2016/958)

COMMISSIONER HUNT BRISBANE, 7 SEPTEMBER 2016

Proposed protected action ballot of employees of Caltex Australia Petroleum 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 Caltex Australia Petroleum 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.

[3] On 6 June 2016, the Employer wrote to my Chambers advising that it had no objection to the order sought by the AWU. The Employer also provided clarification on matters raised in the material filed by the AWU but maintained that they do not object to the orders sought.

[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 Mr Jim Wilson, Organiser for the AWU, in support of the application. Mr Wilson 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 [PR585076] based largely on the draft provided by the AWU will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR585075>