The Australian Workers' Union

[2015] FWC 3733

[2015] FWC 3733

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(B2015/86)

DEPUTY PRESIDENT ASBURY BRISBANE, 2 JUNE 2015

Proposed protected action ballot of employees of Mackay Sugar Limited.

[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 Mackay Sugar Limited (the Employer).

[2] On 1 June 2015 my Associate, at my request, wrote to the Employer requesting their view in relation to the application. On the same day the Employer advised in writing that it did not oppose the application.

[3] In the circumstances 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 Kylie Lee-Anne Swales in support of the application. Ms Swales is an organiser for the AWU who has responsibility for representing the industrial interests of members of the AWU employed by the Employer at the Mossman Sugar Mill in Mossman.

[5] On the basis of the information contained in Ms Swales’ 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 [PR567967] based on the draft provided by the AWU will issue at the same time as this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR567966>