The Australian Workers' Union v BlueScope Steel Limited

[2015] FWC 1281

[2015] FWC 1281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
BlueScope Steel Limited
(B2015/304)

COMMISSIONER RYAN MELBOURNE, 25 FEBRUARY 2015

Proposed protected action ballot of employees of BlueScope Steel Limited.

[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 employees of BlueScope Steel Limited (the employer). The application was made on 20 February 2015.

[2] Following negotiations between the employer and the AWU, an amended draft order was filed and on that basis the employer advised that it does not oppose the making of the order.

[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 demonstrated that it has met the requirements of s.443(1) of the Act in a statement signed by Mr Colin Heath, an Official of the AWU.

[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 amended draft order filed by the AWU on 25 February 2015.

COMMISSIONER

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