The Australian Workers' Union

[2015] FWC 4048

[2015] FWC 4048

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(B2015/93)

DEPUTY PRESIDENT ASBURY BRISBANE, 17 JUNE 2015

Proposed protected action ballot of employees of FNQ Sugar Services Pty Ltd.

[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 FNQ Sugar Services Pty Ltd (the Employer).

[2] On 15 June 2015 my Associate, at my request, wrote to the Employer requesting their view in relation to the application. That correspondence advised the Employer as follows:

“If no response is received, the Deputy President will consider that the [Employer] does not wish to be heard and will consider the applications on the basis of the materials filed in the Commission, which may result in the Order being issued in the terms sought.”

[3] No response has been received from the Employer. Consistent with my correspondence I have decided to determine the matter on the basis of the material filed as I am satisfied it is not necessary to hold a hearing.

[4] The AWU has filed a Statement of Mr Peter Gunsberger in support of the application. Mr Gunsberger is the District Secretary for the AWU, Far Northern District, Cairns, who has responsibility for representing the industrial interests of members of the AWU employed by the Employer at the South Johnstone Mill.

[5] On the basis of the information contained in Mr Gunsberger’s Statement and the application 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 [PR568403] based on the draft provided by the AWU will issue at the same time as this decision.

DEPUTY PRESIDENT

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