Australian Workers' Union v Cleanaway Operations Pty Ltd

[2017] FWC 2085

[2017] FWC 2085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union
v
Cleanaway Operations Pty Ltd
(B2017/293)

COMMISSIONER SAUNDERS NEWCASTLE, 12 APRIL 2017

Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd

[1] The Australian Workers’ Union (AWU) has made an application under s.437 of the Fair Work Act 2009 (Cth) (the Act) for a protected action ballot order in relation to certain employees of Cleanaway Operations Pty Ltd (the respondent).

[2] On 10 April 2017, the Fair Work Commission (the Commission) wrote to Mr Roger Schmakeit, of the respondent, asking whether the respondent has any objection to the application for a protected action ballot order, and if so, on what basis. On 11 April 2017, the Commission received written communication from Mr Adam Lambert, solicitor for the respondent, advising that the respondent would not oppose the AWU’s application subject to certain amendments to the proposed order.

[3] On 11 April 2017, the Commission received correspondence from the AWU, advising that the AWU had agreed to the requested amendments to the proposed order. On 12 April 2017, the respondent confirmed that it did not oppose the making of the protected action ballot order as amended.

[4] In support of the application, the AWU filed a statement of Mr Anthony Callinan, official of the AWU. The statement was dated 7 April 2017 and described the steps taken by the AWU in bargaining with the respondent.

[5] For the purposes of s.443(1) of the Act, I am satisfied that:

(a) an application has been made under s.437 of the Act; and

(b) the AWU has been, and is, genuinely trying to reach agreement with the respondent.

[6] Accordingly, a protected action ballot order must be made.

[7] The order [PR591828] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR591829>