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

[2013] FWC 1104

[2013] FWC 1104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Consolidated Property Services (Australia) Pty Ltd
(B2013/606)

COMMISSIONER LEE MELBOURNE, 15 FEBRUARY 2013

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 Employer).

[2] On 14 February 2013, my Chambers was advised by the Employer that it did not oppose the application. The Employer did not seek to make any submissions (that is, the Employer 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) 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.”

[5] The AWU have provided a statutory declaration of Mr Patrick Wood, Victorian Organiser, AWU, declared on 15 February 2013, 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 [PR534183] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR534182>