The Australian Workers' Union v Consolidated Property Services (Australia) Pty Ltd

[2012] FWA 9364

[2012] FWA 9364

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Consolidated Property Services (Australia) Pty Ltd
(B2012/1728)

COMMISSIONER LEE MELBOURNE, 31 OCTOBER 2012

Proposed protected action ballot by employees of Consolidated Property Services (Australia) Pty Ltd.

[1] This matter involves an application by The Australian Workers’ Union (AWU) for a protected action ballot order in relation to certain employees of Consolidated Property Services (Australia) Pty Ltd (the Respondent). The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act). The application was lodged on 25 October 2012.

[2] On 29 October 2012, my Chambers was advised by the Respondent that it did not object to the application (that is, the Respondent did not challenge that the AWU has been and is genuinely trying to reach an agreement.).

[3] In the circumstances, I have decided to determine the matter on the papers.

[4] Section 443(1) of the Act states:

“(1) FWA 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) FWA 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.”

[5] The AWU has provided a statutory declaration of Benedict Davis, Victorian Vice-President, AWU, declared on 30 October 2012, addressing those matters in s.443(1) of the Act.

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that the Order must be made. The Order [PR530949] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR530948>