The Australian Workers' Union v Orica Australia Pty Ltd

[2014] FWC 2880

[2014] FWC 2880

The attached document replaces the document previously issued with the above code on 1 May 2014.

The date in paragraph [2] is changed to 1 May 2014.

Abby Lang

Associate to Deputy President Gostencnik

Dated 2 May 2014.

[2014] FWC 2880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

The Australian Workers’ Union
v
Orica Australia Pty Ltd
(B2014/726)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 MAY 2014

Application to extend the 30 day period in which industrial action is authorised by protected action ballot

[1] This application was made by The Australian Workers’ Union under s. 459 of the Fair Work Act 2009 (the Act) to extend the 30 day period in which industrial action is authorised by protected action ballot.

[2] On 1 May 2014 my associate was advised by the respondent that it was aware of the application and would not oppose 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 matters set out in the Statutory Declaration of Patrick Reilly declared on 1 May 2014, I am satisfied that the requirements in s.459 (3) of the Act have been met. Accordingly, I will make an order that the period in which industrial action is authorised by protected action ballot be extended for a 30 day period.

[5] An order giving effect to this decision is separately issued in PR550185.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR550184>