Australian Workers' Union, The v Hanson Construction Materials Pty Ltd

[2020] FWC 1098

[2020] FWC 1098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Hanson Construction Materials Pty Ltd
(B2020/117)

DEPUTY PRESIDENT DEAN SYDNEY, 28 FEBRUARY 2020

Proposed protected action ballot of employees of Hanson Construction Materials Pty Ltd.

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

[2] On 28 February 2020, the Fair Work Commission was advised that the Respondent did not oppose the application.

[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 Dominic James of the AWU declared on 26 February 2020, 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 PR717121.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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