The Australian Workers’ Union

[2014] FWC 3215

[2014] FWC 3215

The attached document replaces the document previously issued with the above code on 15 May 2014, which has been amended by correcting the paragraph number.

Fran Cashman

Associate to Commissioner Ryan

Dated 15 May 2014

[2014] FWC 3215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
(B2014/769)

COMMISSIONER RYAN MELBOURNE, 15 MAY 2014

Proposed protected action ballot by employees of Holcim Australia Pty Ltd.

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

[2] Following contact with the employer by my associate, Ms Helen 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 Patrick Wood, 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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR550609>