Australian Workers' Union v InvoCare Australia Pty Ltd

Case

[2022] FWC 2964

9 NOVEMBER 2022


[2022] FWC 2964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Workers’ Union
v

InvoCare Australia Pty Ltd

(B2022/1681)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 9 NOVEMBER 2022

Proposed protected action ballot of employees of InvoCare Australia Pty Limited.

  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 InvoCare Australia Pty Ltd (Respondent).

  1. On 8 November 2022, my Associate was advised that the Respondent did not object to the application.

  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 Mr Patrick Wood 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.

  1. An order has been separately issued in PR747735.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR747734>

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