National Union of Workers v Tasman Chemicals Pty Ltd

[2019] FWC 4388

[2019] FWC 4388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Tasman Chemicals Pty Ltd
(B2019/489)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 25 JUNE 2019

Proposed protected action ballot of employees of Tasman Chemicals Pty Ltd.

[1] This is an application by the National Union of Workers (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Tasman Chemicals Pty Ltd (Respondent).

[2] On 24 June 2019, 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.

[4] On the basis of the material before me, including the statutory declaration of Mr R Payne of the Applicant setting out the steps taken by it in bargaining with the Respondent, 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 PR709670.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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