The Australian Workers' Union v Lyondell Basell Australia Pty Ltd

[2014] FWC 8876

[2014] FWC 8876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Lyondell Basell Australia Pty Ltd
(B2014/1665)

COMMISSIONER RYAN MELBOURNE, 8 DECEMBER 2014

Proposed protected action ballot of employees of Lyondell Basell Australia Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by The Australian Workers’ Union (AWU) for a protected action ballot order in relation to employees of LyondellBasell Australia Pty Ltd (the Respondent). The application was made on 5 December 2014.

[2] The Respondent has advised that it does not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and
(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The AWU has demonstrated that it has met the requirements of s.443(1) of the Act in a Statutory Declaration declared by Samuel Wood, an Official of the AWU.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the AWU.

COMMISSIONER

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