Australian Workers' Union, The v Thales Australia Limited T/A Australian Munitions

[2019] FWC 3682

[2019] FWC 3682

FAIR WORK COMMISSION

DECISION

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

Australian Workers' Union, The
v
Thales Australia Limited T/A Australian Munitions
(B2019/417)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 28 MAY 2019

Proposed protected action ballot of employees of Thales Australia Limited T/A Australian Munitions.

[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 Thales Australia Limited T/A Australian Munitions (Respondent).

[2] On 23 May 2019, my Associate was advised that the Respondent objected to the application on the grounds that the Applicant was not genuinely trying to reach an agreement with the Respondent. The parties attended a Hearing on 24 May 2019 and subsequently on 27 May 2019 the Respondent withdrew its objection.

[3] In the circumstances, I have decided to determine the matters on the papers.

[4] On the basis of the material before me, including the statutory declaration of Mr Michael Ivill of the Applicant setting out the steps taken by it in bargaining with the Respondent and the evidence given by Mr King on 24 May 2019, 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 PR708767.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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