The Australian Workers' Union v Rocla Pty Ltd T/A Rocla Pipeline Products

[2019] FWC 5593

[2019] FWC 5593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Rocla Pty Ltd T/A Rocla Pipeline Products
(B2019/653)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 12 AUGUST 2019

Proposed protected action ballot of employees of Rocla Pty Ltd T/As Rocla Pipeline Products.

[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 Rocla Pty Ltd T/A Rocla Pipeline Products (Respondent).

[2] On 12 August 2019, 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 Dave 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 PR711242.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR711241>