Australian Workers’ Union v Downer EDI Works Pty Ltd

[2018] FWC 4928

[2018] FWC 4928

FAIR WORK COMMISSION

DECISION

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

Australian Workers’ Union
v
Downer EDI Works Pty Ltd
(IA2018-4579)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 22 AUGUST 2018

Proposed protected action ballot of employees of Downer EDI Works Pty Ltd.

[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 Downer EDI Works Pty Ltd. (Respondent).

[2] On 22 August 2018, my Associate was advised that the Respondent did not object to 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 N Blackford of the Applicant setting out the steps taken by it in bargaining with the Respondent and 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 PR620041.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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