The Australian Workers' Union v Omya (Australia) Pty Ltd

[2011] FWA 6234

[2011] FWA 6234

FAIR WORK AUSTRALIA

DECISION

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

The Australian Workers' Union
v
Omya (Australia) Pty Ltd
(B2011/220)

COMMISSIONER CARGILL SYDNEY, 12 SEPTEMBER 2011

Proposed protected action ballot by employees of Omya (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 certain employees of Omya (Australia) Pty Ltd (the respondent).

[2] My associate was advised by a representative of the respondent that it had been served with the application and that the respondent would advance no substantive ground of opposition to an order being made (that is, the respondent did not challenge that the AWU had been and was genuinely trying to reach an agreement). This has been confirmed in emailed correspondence. The AWU has provided a Statement addressing the statutory grounds.

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

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR514485] based on the draft order provided by the AWU has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR514484>