Lyondell Basell Australia Pty Ltd v The Australian Workers' Union

[2014] FWC 5742

[2014] FWC 5742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.418—Industrial action

Lyondell Basell Australia Pty Ltd
v
The Australian Workers’ Union
(C2014/5920)

COMMISSIONER RYAN MELBOURNE, 20 AUGUST 2014

Alleged unprotected industrial action at LyondellBasell - application dismissed.

[1] This application was made by LyondellBasell Australia Pty Ltd (LyondellBasell) on 18 August 2014 pursuant to s.418 of the Fair Work Act 2009 (the Act).

[2] The application relates to a notice of industrial action served by The Australian Workers’ Union (AWU) on LyondellBasell dated 14 August 2014 and relates to action to be taken commencing on 20 August 2014.

[3] The matter was heard by me on 19 August 2014. Mr Chris Gardner was granted permission to represent LyondellBasell and Mr Samuel Wood represented the AWU.

[4] On the evidence, it does not appear to the Commission that any industrial action which is not protected industrial action is happening or is threatened, impending or probable or is being organised. The application for an order under s.418 of the Act is dismissed.

[5] The requirement to determine this application within two days has meant that detailed reasons have not been given. Such reasons will be issued in the near future.

COMMISSIONER

Appearances:

C. Gardner on behalf of the Applicant

S. Wood on behalf of The Australian Workers’ Union, for the Respondent

Hearing details:

2014.

Melbourne.

August 19.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR554531>