Australian Workers' Union v Adelaide Brighton Ltd T/A Southern Quarries

[2017] FWC 5797

[2017] FWC 5797

FAIR WORK COMMISSION

DECISION

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

Australian Workers' Union
v
Adelaide Brighton Ltd T/A Southern Quarries
(B2017/1049)

COMMISSIONER HAMPTON ADELAIDE, 6 NOVEMBER 2017

Proposed protected action ballot of employees of Adelaide Brighton Ltd T/A Southern Quarries.

[1] This is an application by The Australian Workers’ Union (AWU) (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 Adelaide Brighton Ltd T/A Southern Quarries (the Respondent).

[2] On 3 November 2017, the Commission wrote to the Respondent seeking its position on the application and requested advice if the matter was to be contested. The Commission has subsequently been advised that the Respondent does not oppose 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 P Lamps of the Applicant union setting out the steps taken by it in bargaining with the Respondent and confirming 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 all of the requirements in s.443(1) of the Act have been met.

[5] An order in conformity with the Act is being issued in conjunction with this decision. 1

COMMISSIONER

 1   PR597463.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR597476>