The Australian Workers’ Union

[2013] FWC 8924

[2013] FWC 8924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
(B2013/1411)

COMMISSIONER RYAN MELBOURNE, 13 NOVEMBER 2013

Proposed protected action ballot by employees of Harsco Metals & Minerals Australia Pty Ltd.

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

[2] Harsco has advised my chambers by email that it does not oppose this application.

[3] The AWU has filed a Statutory Declaration of Laim O’Brien, an official of the AWU, in support of this application. I am satisfied that the AWU has demonstrated that it has been and is genuinely trying to reach an agreement with Harsco.

[4] In the circumstances I have decided to determine the matter on the papers without holding a hearing.

[5] I am satisfied that the requirements in s.443(1) of the Fair Work Act 2009 have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AWU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR544501>