The Australian Workers' Union v Dywidag-Systems International Pty Ltd

[2013] FWC 631

[2013] FWC 631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

The Australian Workers' Union
v
Dywidag-Systems International Pty Ltd
(B2013/23)

COMMISSIONER BULL SYDNEY, 29 JANUARY 2013

Proposed protected action ballot by employees of Dywidag-Systems International Pty Ltd.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by The Australian Workers’ Union (AWU). It seeks a protected action ballot order in relation to certain employees of Dywidag-Systems International Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the AWU filed a statement dated 25 January 2013 made by Mr Paul Delaney, an Official of the AWU.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the AWU, that the AWU has been and is, genuinely trying to reach an agreement with the Employer.

[5] An order [PR533581] based on the draft order provided by the AWU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR533582>