The Australian Workers' Union v Cape (CHS) Pty Ltd

[2011] FWA 8523

[2011] FWA 8523

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Cape (CHS) Pty Ltd
(B2011/317)

COMMISSIONER GAY MELBOURNE, 7 DECEMBER 2011

Proposed protected action ballot by employees of Cape (CHS) Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australian Workers’ Union (the Union) for a protected action ballot order in relation to certain employees of Cape (CHS) Pty Ltd (the respondent).

[2] On 6 December 2011, Ms Yolanda Stafurik on behalf of the respondent advised Fair Work Australia that the respondent did not oppose the application. I have accepted Ms Yolanda Stafurik’s advice for the Respondent, that in the view of the respondent, the Union has been, and is, genuinely trying to reach an agreement.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] I am satisfied that the requirements set out in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR517592] based on the draft order provided by the Union has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR517621>