The Australian Workers' Union v Capral Aluminium Ltd

[2021] FWC 6361

[2021] FWC 6361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Capral Aluminium Ltd
(B2021/1088)

VICE PRESIDENT CATANZARITI SYDNEY, 16 NOVEMBER 2021

Proposed protected action ballot of employees of Capral Aluminium Limited

[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 Capral Aluminium Ltd (Respondent).

[2] On 16 November 2021, the Fair Work Commission was advised that the Respondent neither supports nor objects to 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 Jim Wilson of the Applicant declared on 12 November 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 PR735843.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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