Australian Workers' Union v Hexion Pty Ltd
[2024] FWC 2782
•7 OCTOBER 2024
| [2024] FWC 2782 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Australian Workers’ Union
v
Hexion Pty Ltd
(B2024/1303)
| COMMISSIONER FOX | MELBOURNE, 7 OCTOBER 2024 |
Proposed protected action ballot of employees of Hexion Pty Ltd.
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 Hexion Pty Ltd (Hexion or Employer).
On 4 October 2024, the Commission was advised that the Employer objected to the Application. I listed the matter for Hearing on 7 October 2024. At the commencement of the Hearing, the parties agreed that I would conduct a Conference. At the conclusion of the Conference, the Employer did not oppose the application, nor the terms of the proposed Order as amended during the Conference.
As the parties reached agreement on the terms of the proposed Order during the Conference, I have decided to determine the matter on the papers without the need to resume the Hearing.
On the basis of the material before me, including the declaration of Robert Nguyen, Organiser, 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 Hexion, 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.
The ballot is to be conducted by the Australian Electoral Commission (AEC).
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 19 November 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
An Order has been separately issued in PR779996.
This matter will be assigned to a 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.
COMMISSIONER
Appearances:
L Aksu for the Applicant.
T Davey of MinterEllison for the Respondent.
Hearing details:
2024.
Melbourne (By Video using Teams):
7 October.
[1] This is, in effect, thirty (30) working days from the date of the Order.
Printed by authority of the Commonwealth Government Printer
<PR779995>
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