The Australian Workers' Union v Albright & Wilson Australia Limited

[2011] FWA 4527

[2011] FWA 4527

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Albright & Wilson Australia Limited
(B2011/3117)

COMMISSIONER GAY MELBOURNE, 14 JULY 2011

Proposed protected action ballot by employees of Albright & Wilson Australia Limited.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by The Australian Workers’ Union (the Union) for a protected action ballot order in relation to certain employees of Albright & Wilson Australia Limited (the Respondent).

[2] On 13 July 2011 the Union provided an email from Mr Wayne Tonissen on behalf of the Respondent, confirming that, notwithstanding several reservations, the Respondent “... does not intend to oppose that s.437 application...”. The Union also provided a statement of Mr Samuel Detroy Wood (the AWU official responsible for members at the Respondent’s Yarraville operations) with attached exhibits.

[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] I am satisfied that the requirements set out in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR511556] based on the draft order provided by the Union has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR511557>