Australian Workers' Union, The v Sims Group Australia Holdings Ltd T/A Sims Metal Management

[2015] FWC 7266

[2015] FWC 7266

FAIR WORK COMMISSION

DECISION

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

Australian Workers' Union, The
v
Sims Group Australia Holdings Ltd T/A Sims Metal Management
(B2015/1463)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 22 OCTOBER 2015

Proposed protected action ballot of employees of Sims Group Australia Holdings Ltd.

[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 Sims Group Australia Holdings Ltd T/A Sims Metal Management (the Respondent).

[2] On 19 October 2015 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 G Penn 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 the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR573164.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR573167>