Australian Workers' Union, The v Preformed Line Products (Australia) Pty Limited

[2021] FWC 1317

[2021] FWC 1317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Preformed Line Products (Australia) Pty Limited
(B2021/157)

DEPUTY PRESIDENT DEAN SYDNEY, 11 MARCH 2021

Proposed protected action ballot of employees of Preformed Line Products (Australia) Pty Limited.

[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 Preformed Line Products (Australia) Pty Limited (Respondent).

[2] On 11 March 2021, the 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 declaration of Jeffery Edward Buhler of the AWU made on 10 March 2021, 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] Based on the reasons in Transport Workers' Union of Australia v Prosegur Australia Pty Ltd 1, the order is made without the inclusion of the final question sought in the draft order.

[6] An Order has been separately issued in PR727681.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR727680>

 1   [2021] FWC 645.