The Australian Workers' Union v Bradken Resources Pty Ltd

[2014] FWC 6921

[2014] FWC 6921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Bradken Resources Pty Ltd
(B2014/1419)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Bradken Resources Pty Ltd
(B2014/1420)

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Bradken Resources Pty Ltd
(B2014/1075)

COMMISSIONER RYAN MELBOURNE, 2 OCTOBER 2014

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

[1] This decision concerns applications pursuant to s.437 of the Fair Work Act 2009 (theAct) by The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant unions) for protected action ballot orders in relation to employees of Bradken Resources Pty Ltd (the Respondent).

[2] The Respondent has advised that it does not oppose the making of orders in these matters.

[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 Applicant unions have demonstrated that each of them has met the requirements of s.443(1) of the Act in statements filed in the Commission.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met in each of these matters and that, accordingly, the Orders must be made in the form sought by the Applicant unions.

COMMISSIONER

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