The Australian Workers' Union v Ausgrid
[2015] FWC 241
•20 JANUARY 2015
| [2015] FWC 241 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
The Australian Workers' Union
v
Ausgrid
(B2015/10)
SENIOR DEPUTY PRESIDENT HARRISON | SYDNEY, 20 JANUARY 2015 |
Proposed protected action ballot of employees of Ausgrid, Fair Work Act 2009 ss. 414(2)(a), 437, 443(1), 443(5),446.
[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 Ausgrid.
[2] I am satisfied that each of the relevant requirements of the Act, and s.443(1) in particular, have been met. Accordingly, an order must be made. In reaching my decision I rely upon a witness statement dated 14 January 2015 of Mr Cecil Bodnar, an Organiser with the AWU Greater NSW Branch providing information about matters relevant to s.443(1) of the Act.
[3] In accordance with s.443(5) of the Act, I am satisfied that there are exceptional circumstances justifying an extension to the period of written notice contained in paragraph 414(2)(a) of the Act. The period will be extended to 7 working days. In reaching this decision I rely on the evidence of Mr Mark Greenhill who was called in related proceedings on behalf of Ausgrid. 1 No submission was made by the AWU to persuade me that this decision should differ from the decisions I made in those matters on 12 January 2015. 2
[4] An order [PR559906] based on the draft order provided by the AWU will be issued in conjunction with this decision.
SENIOR DEPUTY PRESIDENT
Appearances:
Ms J. Gherjestani on behalf of the AWU.
Mr G. Phillips and Ms N. Petit solicitors on behalf of Ausgrid.
Hearing details:
Sydney.
2015.
January, 9 and 16.
1 B2015/5, B2015/6, B2015/8, B2015/11 and B2015/12.
2 [2015] FWC 244; [2015] FWC 242; [2015] FWC 238; [2015] FWC 236; and [2015] FWC 243.
Printed by authority of the Commonwealth Government Printer
<Price code {A}, PR559935>
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