Australian Workers' Union, The v Kaefer Integrated Services Pty Ltd & UGL Resources Pty Ltd T/A UGL Kaefer

[2016] FWC 5634

[2016] FWC 5634

FAIR WORK COMMISSION

DECISION

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

Australian Workers' Union, The
v
Kaefer Integrated Services Pty Ltd & UGL Resources Pty Ltd T/A UGL Kaefer
(B2016/855)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 11 AUGUST 2016

Proposed protected action ballot of employees of UGL Kaefer Joint Venture.

[1] This is an application by The Australian Workers’ Union (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Kaefer Integrated Services Pty Ltd & UGL Resources Pty Ltd T/A UGL Kaefer (the Respondent).

[2] On 11 August 2016 my associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr J Sharp of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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] The Fair Work Commission may order that the period of notice for protected industrial action referred to in s.414(2)(a) of the Act be longer than three working days, if satisfied that there are exceptional circumstances justifying such an extension. The parties in this application have agreed to an extension and I therefore order that the period of notice for protected industrial action referred to in s.414(2)(a) be five working days.

[6] An order has been separately issued in PR584083.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR584089>