The Australian Workers' Union v Devro Pty Ltd

[2022] FWC 3291

[2022] FWC 3291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Devro Pty Ltd

(B2022/1831)

VICE PRESIDENT CATANZARITI SYDNEY, 14 DECEMBER 2022

Proposed protected action ballot of employees of Devro Pty Ltd

1. This is an application by the Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Devro Pty Ltd (Respondent).

1. On 13 December 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

1. 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 statutory declaration of Jack Ayoub of the Applicant declared on 12 December 2022, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An Order has been separately issued in PR748910.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR748911>