Keith Clark v IPM Operation & Maintenance Loy Yang Pty Ltd

[2012] FWA 10630

[2012] FWA 10630

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

Keith Clark
v
IPM Operation & Maintenance Loy Yang Pty Ltd
(B2012/2105)

COMMISSIONER BISSETT MELBOURNE, 18 DECEMBER 2012

Proposed protected action ballot by employees of IPM Operation & Maintenance Loy Yang Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by Mr Keith Clark for a protected action ballot order in relation to certain employees of IPM Operation & Maintenance Loy Yang Pty Ltd (the Respondent). The application was made on 14 December 2012.

[2] The Respondent has advised that it does not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When FWA must make a protected action ballot order

(1) FWA must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) FWA is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] Mr Clark has provided a statement addressing those matters in s.443(1) of the Act.

[5] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the order must be made. Being satisfied that there are exceptional circumstances justifying the period of written notice referred to in s.414(2)(a) of the Act being longer than three days, pursuant to s.443(5) of the Act, I specify that a seven calendar day period of written notice of industrial action be given in relation to industrial action to be taken in accordance with questions 1, 2 and 3.

[7] The order [PR532479] is based on the draft order provided by Mr Clark and is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR532478>