Australian Workers' Union, The v Stramit Corporation Pty Limited

[2021] FWC 281

[2021] FWC 281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Stramit Corporation Pty Limited
(B2021/21)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 20 JANUARY 2021

Proposed protected action ballot of employees of Stramit Corporation Pty Limited.

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

[2] On 20 January 2021, my Associate was advised that the Respondent did not object to the application for a protected action ballot order but objected to a number of the ballot questions proposed by the Applicant in the draft order filed with the application. The Applicant agreed to withdraw the ballot questions to which the Respondent objected and filed an amended draft order. My Associate was subsequently advised that the Respondent did not object to the amended draft order.

[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 Mr R Flanagan of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, 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 PR726306.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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