Australian Workers' Union, The v Industrial Galvanizers Corporation Pty Ltd

[2020] FWC 903

[2020] FWC 903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Industrial Galvanizers Corporation Pty Ltd
(B2020/88)

DEPUTY PRESIDENT DEAN SYDNEY, 19 FEBRUARY 2020

Proposed protected action ballot of employees of Industrial Galvanizers Corporation 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 Industrial Galvanizers Corporation Pty Ltd (Respondent).

[2] On 14 February 2020, the Respondent advised the Commission that it did not oppose the application but requested that clause 6 of the draft order relating to the posting of the order be deleted. The AWU does not object to the exclusion of clause 6.

[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 Cameron Wright of the AWU declared on 19 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 PR716875.

DEPUTY PRESIDENT

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