The Australian Workers' Union v Boral Resources (NSW) Pty Ltd

[2021] FWC 2927

[2021] FWC 2927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Boral Resources (NSW) Pty Ltd
(B2021/341)

VICE PRESIDENT CATANZARITI SYDNEY, 20 MAY 2021

Proposed protected action ballot of employees of Boral Resources (NSW) Pty Ltd.

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

[2] On 20 May 2021, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Ben Horan of the Applicant declared on 19 May 2021, 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 PR730052.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR730053>