The Australian Workers' Union v Ixom Operations Pty Ltd

[2018] FWC 211

[2018] FWC 211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Australian Workers' Union

v

Ixom Operations Pty Ltd

(B2018/5)

Deputy President Gostencnik MELBOURNE, 11 JANUARY 2018

Proposed protected action ballot of employees of Ixom Operations 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 Ixom Operations Pty Ltd (Respondent).

1. On 10 January 2018 the Respondent advised that it does not oppose the application. On the same day I notified the parties that I would not be making a protected action ballot order containing a composite question in which multiple forms of industrial action are identified, as it was drafted by the Applicant. This was because I was not satisfied that the proposed question was sufficiently clear so that relevant employees may make an informed choice about whether to approve the proposed industrial action. I asked the Applicant to file an amended application clearly identifying the proposed questions to be put to employees and it did so on 11 January 2018. On the same day, the Respondent advised that it did not oppose the amended application.

1. In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Mr C Donovan 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 PR599438.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR599437>