The Australian Workers' Union v Schenck Process Australia T/A Schenck Process

[2011] FWA 8071

[2011] FWA 8071

FAIR WORK AUSTRALIA

DECISION

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

The Australian Workers' Union
v
Schenck Process Australia T/A Schenck Process
(B2011/296)

COMMISSIONER CARGILL SYDNEY, 21 NOVEMBER 2011

Proposed protected action ballot by employees of Schenck Process Australia Pty Limited.

[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 Schenck Process Australia Pty Limited (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). 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 [PR517074] 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, PR517071>