The Australian Workers' Union v GrainCorp Operations Limited

[2017] FWC 3377

[2017] FWC 3377

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
v
GrainCorp Operations Limited
(B2017/493)

DEPUTY PRESIDENT COLMAN MELBOURNE, 27 JUNE 2017

Proposed protected action ballot of employees of GrainCorp Operations Limited.

[1] This is an application by The Australian Workers’ Union (the Applicant) made under s.437 of the Fair Work Act 2009 (The Act) for a protected action ballot order in relation to certain employees of GrainCorp Operations Limited (the Respondent).

[2] On 20 June 2017, the Respondent advised my associate that it did not object to the application. The Respondent further advised that the parties were continuing discussions as to the form of the draft order. On 27 June 2017 I received an amended application and draft order from the Applicant.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr M Derrick of the Applicant 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.

[5] An order has been separately issued in PR593997.

DEPUTY PRESIDENT

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