Australian Workers' Union, The v Tasmanian Electro Metallurgical Company Pty Ltd T/A Temco

[2019] FWC 1010

[2019] FWC 1010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Tasmanian Electro Metallurgical Company Pty Ltd T/A TEMCO
(B2019/88)

DEPUTY PRESIDENT BARCLAY HOBART, 18 FEBRUARY 2019

Proposed protected action ballot of employees of Tasmanian Electro Metallurgical Company Pty Ltd.

[1] On 6 February 2019 the Applicant made an application for a protected action ballot order. This was the third application relating to the same protected action ballot.

[2] On Tuesday 5 February the first application for a protected ballot order was listed for hearing. By that time a second application had been filed. The first in time was withdrawn and the second application (B2019/82) proceeded initially by way of hearing, then was adjourned into conference. As a result of the conference the matter was adjourned until today for hearing to enable the parties to continue to discuss the terms of the proposed protected ballot order.

[3] Yesterday (6 February) B2019/82 was withdrawn and a fresh application (the current application) was filed.

[4] By email of 6 February 2019 (at 1502) the Respondent advised that it did not wish to make any submissions in respect to the current protection action ballot order application. I infer that was as a result of the adjournment and ongoing discussions which presumably occurred during the adjournment and led to an agreed (or at least a position whereby the Respondent would not oppose orders) position was reached.

[5] Accordingly upon the Applicant filing a draft order in terms of the present application I propose to make the orders sought. I note that the Electoral Commission requires a minimum of 25 clear days to complete the ballot. The draft order should take that into account.

DEPUTY PRESIDENT

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