The Australian Workers' Union

[2014] FWC 3266

[2014] FWC 3266

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(B2014/767)

DEPUTY PRESIDENT ASBURY BRISBANE, 16 MAY 2014

Proposed protected action ballot by employees of MSF 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 (AWU). The AWU seeks a protected action ballot order in relation to certain employees of MSF Sugar Limited (Employer).

[2] The Employer has advised that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] On the basis of the submissions of the AWU and a sworn statement made by Mr Gavin Duncan, Organiser for the AWU, 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 [PR550668] based on the draft provided by the AWU will issue at the same time as this Decision.

DEPUTY PRESIDENT

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