The Australian Workers' Union

[2018] FWC 2757

[2018] FWC 2757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

The Australian Workers' Union
(B2018/358)

DEPUTY PRESIDENT ASBURY SYDNEY, 16 MAY 2018

Proposed protected action ballot by employees of W.H.Heck & Sons Pty Ltd T/A Rocky Point Sugar Mill.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australian Workers' Union (the AWU). The AWU seeks a protected action ballot order in relation to certain employees of WH Heck & Sons Pty Ltd T/A Rocky Point Sugar Mill (the Employer).

[2] On 14 May 2018 correspondence was received from the Employer advising that it objected to the proposed orders sought by the AWU. At 1.57 pm on 14 May 2018, I issued directions requiring the Employer to file material stating the grounds on which it objected to the proposed order by 2.00 pm 15 May 2018, and the application was listed for Hearing on 16 May 2018.

[3] At 1.50 pm on 15 May 2018 correspondence was received from the Employer requesting an extension in which to file its material, and an adjournment of the listed hearing. The Employer was granted an extension until 9.00am 16 May 2018 to file its material.

[4] Subsequent correspondence was received from the Employer at 4.07 pm 15 May 2018 advising that the Employer no longer opposed the application. I advised the Parties that as the application was no longer being opposed, I proposed to determine the application on the basis of the filed material, subject to any objection by either party by 2.00pm today. No correspondence was received stating any objection.

[5] On the basis that the Employer does not object to the application, and after considering the information set out in the application and the accompanying Form F34B statutory declaration of Mr Jason Robert Shepherd, Union Organiser, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR607151] will issue at the same time as this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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