The Australian Workers' Union v Huon Aquaculture Pty Ltd

[2022] FWC 1194

[2022] FWC 1194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union
v

Huon Aquaculture Pty Ltd

(B2022/431)

DEPUTY PRESIDENT CLANCY MELBOURNE, 16 MAY 2022

Proposed protected action ballot of employees of Huon Aquaculture Pty Ltd

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

1. On 13 May 2022, my Associate was advised that the Respondent objected to the application.

1. On 16 May 2022 I held a hearing where the parties advised that there were able to reach a consent position and the Respondent withdrew its objection.

1. In the circumstances, I have decided to determine the matter on the papers.

1. On the basis of the material before me, including the declaration of Robert Flanagan 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.

1. An order has been separately issued in PR741675.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR741674>