The Australian Workers' Union v Capral Limited

[2012] FWA 8392

[2012] FWA 8392

FAIR WORK AUSTRALIA

DECISION

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

The Australian Workers' Union
v
Capral Limited
(B2012/1663)

COMMISSIONER BOOTH BRISBANE, 28 SEPTEMBER 2012

Proposed protected action ballot by employees of Capral Limited.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by The Australian Workers’ Union (AWU). The AWU seeks a protected action ballot order in relation to certain employees of Capral Limited (the Respondent).

[2] The AWU has filed their submissions in line with the Directions. The Respondent provided correspondence received on 27 September 2012 advising that it does not wish to contest the application.

[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 in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR529706] based on the draft provided by the Applicant will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR529704>