The Australian Workers' Union v Bendigo Cemeteries Trust (Remembrance Parks Central Victoria)

[2014] FWC 7781

[2014] FWC 7781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Bendigo Cemeteries Trust (Remembrance Parks - Central Victoria)
(B2014/1523)

COMMISSIONER BISSETT MELBOURNE, 31 OCTOBER 2014

Proposed protected action ballot of employees of Bendigo Cemeteries Trust (Remembrance Parks - Central Victoria).

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Australian Workers’ Union (AWU) for a protected action ballot order in relation to certain employees of the Bendigo Cemeteries Trust (the Respondent). The application was made on 28 October 2014.

[2] The Respondent originally advised of an objection to the application but following discussions between the parties the objection has been withdrawn. The Respondent has advised in correspondence that it does not oppose the making of the order. I have therefore made this decision on the basis of the material filed by the AWU.

[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 provided a signed statutory declaration addressing those matters in s.443(1) of the Act.

[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 based on the draft order provided by the AWU.

COMMISSIONER

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