The Australian Workers' Union v Exide Australia Pty Ltd T/A Exide Technologies
[2012] FWA 6469
•31 JULY 2012
[2012] FWA 6469 |
|
DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
The Australian Workers' Union
v
Exide Australia Pty Ltd T/A Exide Technologies
(B2012/951)
COMMISSIONER BULL | SYDNEY, 31 JULY 2012 |
Proposed protected action ballot by employees of Exide Australia Pty Ltd T/A Exide Technologies.
[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australian Workers’ Union (AWU) as a bargaining representative. The application names Exide Technologies as the respondent in this matter. The parties have since advised my Chambers that the true legal entity is Exide Australia Pty Ltd T/A Exide Technologies (the Employer). In accordance with s.586 of the Act, the application is amended to the extent that it reflects the correct legal entity.
[2] The AWU seeks a protected action ballot Order in relation to certain employees of the Employer.
[3] The Employer advised that it does not oppose the application. The matter was listed for hearing on 31 July 2012.
[4] In support of the application, the AWU filed a statement made by Mr Frank Mateos, Branch Official of the AWU.
[5] 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.
[6] An order [PR527316] based on the draft order provided by the AWU is issued in conjunction with this decision.
COMMISSIONER
Appearances:
F.Mateos for the AWU
G.Shepherdson for Exide Australia Pty Ltd T/A Exide Technologies
Hearing details:
2012
Sydney
31 July
Printed by authority of the Commonwealth Government Printer
<Price code A, PR527319>
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