The Australian Workers' Union v National Masonry Pty Ltd

[2020] FWC 6229

[2020] FWC 6229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
National Masonry Pty Ltd
(B2020/734)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 19 NOVEMBER 2020

Proposed protected action ballot of employees of National Masonry 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 National Masonry Pty Ltd (Respondent).

[2] On 19 November 2020, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of David Swan 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 PR724724.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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