The Australian Workers’ Union

[2014] FWC 4221

[2014] FWC 4221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
(B2014/887)

COMMISSIONER RYAN MELBOURNE, 25 JUNE 2014

Proposed protected action ballot of employees of Orica Australia Pty Ltd.

[1] This is an application for a protected action ballot of members of The Australian Workers’ Union (AWU) employed by Orica Australia Pty Ltd (the employer).

[2] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[3] The AWU has demonstrated that it has met the requirements of s.443(1) of the Act in a statement signed by Samuel Wood, National Vice President of the AWU.

[4] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made.

[5] The AWU filed with its application a draft order. That draft order has been the subject of discussion between the employer. The order sought by both parties to be issued by the Commission is different to the one originally filed. The proposed order contains additional provisions which effectively limit the definition of protected industrial action.

[6] The parties have sought that the order be issued on the papers and without the need for a hearing.

[7] I will issue the Order sought and agreed to by the parties in this matter.

COMMISSIONER

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