Australian Workers' Union, The v WesTrac Pty Ltd

[2024] FWC 2261

[2024] FWC 2261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Workers’ Union, The
v

WesTrac Pty Ltd

(B2024/1057)

DEPUTY PRESIDENT DEAN CANBERRA, 23 AUGUST 2024

Proposed protected action ballot of employees of WesTrack Pty Ltd.

1. This is an application by the Australian Workers’ Union (AWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of WesTrac Pty Ltd (WesTrac or Employer).

1. The Respondent initially advised the Commission that it opposed the application. Following a conference conducted on 22 August 2024, the parties reached a consent position which is reflected in draft orders provided to the Commission by the parties.  

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of John Boyd, Senior Vice President, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with WesTrac, I am satisfied that there is a notification time in relation to the proposed agreement and that all of  the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 12 September 2024. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR778578.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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