The Australian Workers' Union v BlueScope Steel (AIS) Pty Ltd

[2018] FWC 4536

[2018] FWC 4536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
BlueScope Steel (AIS) Pty Ltd
(B2018/656)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 2 AUGUST 2018

Proposed protected action ballot of employees of BlueScope Steel (AIS) Pty Ltd.

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

[2] On 31 July 2018 my associate was advised that the Respondent did not object to the application, subject to an undertaking by the Australian Workers’ Union being included in the final order. Following discussions between the Applicant and the Respondent, on 1 August 2018 the parties agreed to the inclusion of restrictions as set out in the final order.

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

[4] On the basis of the material before me, including the statutory declaration of Mr P Farrow of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR609632.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR609631>