The Australian Workers’ Union

[2014] FWC 3428

[2014] FWC 3428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
(B2014/798)

COMMISSIONER RYAN MELBOURNE, 23 MAY 2014

Proposed protected action ballot by employees of Stegbar Pty Ltd.

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

[2] Following contact with the employer by my associate, Ms Julie Chesterfield Jones for the employer emailed my chambers advising that the employer did not oppose this application.

[3] 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.

[4] The AWU has demonstrated that it has met the requirements of s.443(1) of the Act in a statement signed by Adrian Colebrook, an official of the AWU.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order in the terms sought by the AWU.

COMMISSIONER

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<Price code A, PR550968>