The Australian Workers' Union v Coregas Pty Ltd

[2023] FWC 2879

[2023] FWC 2879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Coregas Pty Ltd

(B2023/1200)

COMMISSIONER MCKINNON SYDNEY, 2 NOVEMBER 2023

Proposed protected action ballot of employees of Coregas Pty Ltd

1. The Australian Workers’ Union (AWU) has applied under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Coregas Pty Ltd (Coregas). The notification time in relation to the proposed agreement was 1 August 2023.

1. On 2 November 2023, Coregas advised the Commission that it did not object to the application. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Chris Newbold of the AWU and the information provided at conference today, I am satisfied that the AWU has been, and is, genuinely trying to reach an agreement with Coregas.

1. Accordingly, a protected action ballot order must issue. The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) of the Act, the date by which voting is to close is 14 December 2023.[1] The ballot order (PR767843) and Directions for a compulsory conciliation conference under s.448A of the Act will issue separately.

COMMISSIONER

[1] 30 working days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

<PR767842>