The Australian Workers' Union v Bradken Resources Pty Limited

[2013] FWC 4195

[2013] FWC 4195

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
v
Bradken Resources Pty Limited
(B2013/989)

SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 28 JUNE 2013

Proposed protected action ballot by employees of Bradken Resources Pty Limited.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Australian Workers' Union (the AWU) for a protected action ballot order in relation to certain employees of Bradken Resources Pty Limited (the respondent).

[2] Advice was received that the respondent had been served with the application and that the respondent would advance no substantive ground of opposition to an order being made (that is, the respondent did not challenge that the AWU had been and was genuinely trying to reach an agreement). The AWU has provided a Statutory Declaration addressing the statutory grounds.

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

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR538305] based on the draft order provided by the AMWU and in the form required by Fair Work Australia has issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

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