The Australian Workers' Union v Department of Environment, Land, Water and Planning

[2015] FWC 5391

[2015] FWC 5391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Department of Environment, Land, Water and Planning
(B2015/1164)

COMMISSIONER BISSETT MELBOURNE, 6 AUGUST 2015

Proposed protected action ballot of employees of Department of Environment, Land, Water & Planning.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by The Australian Workers’ Union (AWU) for a protected action ballot order in relation to certain employees of the Department of Environment, Land, Water and Planning (the Respondent). The application was made on 5 August 2015.

[2] The Respondent has advised in correspondence that it does not oppose the making of the order. I have therefore made this decision on the basis of the material filed by the AWU.

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

443 When the FWC must make a protected action ballot order

(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.

[4] The AWU has provided a signed statutory declaration addressing those matters in s.443(1) of the Act.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the AWU.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR570513>