The Australian Workers' Union v Holcim Australia Pty Ltd

[2012] FWA 7481

[2012] FWA 7481

FAIR WORK AUSTRALIA

DECISION

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

The Australian Workers' Union
v
Holcim Australia Pty Ltd
(B2012/1534)

COMMISSIONER LEWIN MELBOURNE, 30 AUGUST 2012

Proposed protected action ballot by employees of Holcim (Australia) Pty Ltd.

[1] An application has made by The Australian Workers’ Union (AWU) for a protected action ballot order, pursuant t s.437 of the Fair Work Act 2009 (the Act).

[2] The application was made on 29 August 2012 and concerns employees of Holcim Australia Pty Ltd (Holcim) who will be covered by the proposed enterprise agreement.

[3] On 29 August 2012 the AWU filed with the Tribunal an outline of bargaining efforts to date, in order to demonstrate to the Tribunal that the AWU has been and is genuinely trying to reach an agreement.

[4] On 30 August 2012 Holcim advised the Tribunal that the AWU and Holcim had been bargaining in good faith in relation to a proposed enterprise agreement and, therefore, Holcim does not oppose the making of the protected action ballot order sought by the AWU.

[5] I am satisfied that the AWU is a bargaining representative who has proposed an enterprise agreement with Holcim Australia Pty Ltd.

[6] Pursuant to s.443(1)(b) I am satisfied that the AWU has been, and is, genuinely trying to reach an agreement with Holcim Australia Pty Ltd.

[7] An order will issue.

COMMISSIONER

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