The Australian Workers' Union v BlueScope Steel Limited

[2017] FWC 314

[2017] FWC 314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

The Australian Workers' Union
v
BlueScope Steel Limited
(B2017/60)

COMMISSIONER SAUNDERS NEWCASTLE, 17 JANUARY 2017

Proposed protected action ballot of employees of BlueScope Steel Limited.

[1] The Australian Workers’ Union (AWU) has made an application under s.437 of the Fair Work Act 2009 (Cth) (the Act) for a protected action ballot order in relation to certain employees of BlueScope Steel Limited (the respondent).

[2] On 16 January 2017, the Fair Work Commission (the Commission) wrote to Mr Greg James, Branch Manager of the respondent, asking whether the respondent has any objection to the application for a protected action ballot order, and if so, on what basis. On 17 January 2017 the Commission received written communication from Mr Andrew Stirling, Human Resources Advisor – NSW, advising that the respondent has no objection to the application made by the AWU. I have therefore determined the matter on the basis of the documentation filed by the AWU.

[3] In support of the application, the AWU filed a statutory declaration made by Mr Paul O’Brien, official of the AWU. The statutory declaration is dated 16 January 2017 and describes the steps taken by the AWU in bargaining with the respondent.

[4] For the purposes of s.443(1) of the Act, I am satisfied that:

(a) an application has been made under s.437 of the Act; and

(b) the AWU has been, and is, genuinely trying to reach agreement with the respondent.

[5] Accordingly, a protected action ballot order must be made.

[6] The order [PR589427] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR589426>