The Australian Workers' Union v LyondellBasell Australia Pty Ltd

[2017] FWC 6130

[2017] FWC 6130

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
v
LyondellBasell Australia Pty Ltd
(B2017/1098)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 21 NOVEMBER 2017

Proposed protected action ballot of employees of LyondellBasell Australia 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 LyondellBasell Australia Pty Ltd (Respondent).

[2] On 21 November 2017 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr S Wood 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 PR597918.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR597917>