The Australian Workers' Union v SCE Resources Pty Ltd

[2016] FWC 9041

[2016] FWC 9041

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
v
SCE Resources Pty Ltd
(B2016/1313)

COMMISSIONER SAUNDERS NEWCASTLE, 16 DECEMBER 2016

Proposed protected action ballot of employees of SCE Resources Pty Ltd.

[1] The Australian Workers’ Union (AWU) has made an application under s.437 of the Fair Work Act 2009 (Cth) (the Act) for a protected action ballot order in relation to certain employees of SCE Resources Pty Ltd (the respondent).

[2] On 15 December 2016, the Fair Work Commission (the Commission) wrote to Mr Marcus Warner, SCE Divisional Manager of the respondent, asking whether the respondent has any objection to the application for a protected action ballot order, and if so, on what basis. On 16 December 2016, the Commission received written communication from Mr Warner, advising that it is a matter for the Commission to consider the order sought, subject to the AWU having met the requirements in s.443 of the Act. I have therefore determined the matter on the basis of the documentation filed by the AWU.

[3] In support of the application, the AWU filed a statement of Mr Paul O’Brien, official of the AWU. The statement was dated 15 December 2016 and described the steps taken by the AWU in bargaining with the respondent.

[4] For the purposes of s.443(1) of the Act, I am satisfied that:

(a) an application has been made under s.437 of the Act; and

(b) the AWU has been, and is, genuinely trying to reach agreement with the respondent.

[5] Accordingly, a protected action ballot order must be made.

[6] The order [PR588637] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR588636>