The Australian Workers' Union v Australian Char Pty Ltd

[2015] FWC 5510

[2015] FWC 5510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Australian Char Pty Ltd
(B2015/1174)

DEPUTY PRESIDENT KOVACIC CANBERRA, 11 AUGUST 2015

Proposed protected action ballot of employees of Australian Char Pty Ltd.

[1] This is an application by The Australian Workers’ Union (the AWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Australian Char Pty Ltd (the Respondent).

[2] The AWU has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately four occasions since 28 February 2014 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.

[3] On 11 August 2015 I was advised by Mr Mike Hamilton, Operations Manager that the Respondent does not intend to oppose this application. In doing so, the Respondent did not challenge that the AWU had been and was genuinely trying to reach agreement in respect of either site.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR570705] is based on the draft order provided by the AWU and will be issued in conjunction with this decision.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR570713>