The Australian Workers' Union v Sibelco Australia Limited

[2012] FWA 9601

[2012] FWA 9601

FAIR WORK AUSTRALIA

DECISION

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

The Australian Workers' Union
v
Sibelco Australia Limited
(B2012/2012)

COMMISSIONER LEWIN MELBOURNE, 9 NOVEMBER 2012

Proposed protected action ballot by employees of Sibelco Australia Limited.

[1] An application has made by the Australian Workers’ Union (the AWU) for a protected action ballot order, pursuant to s.437 of the Fair Work Act 2009 (the Act).

[2] The application was made on 8 November 2012 and concerns employees of Sibelco Australia Ltd (Sibelco) who will be covered by the proposed enterprise agreement.

[3] On 8 November 2012 the AWU filed in the Tribunal an outline of bargaining efforts to date, in order to demonstrate to the Tribunal that the AWU has been and is genuinely trying to reach an agreement.

[4] Sibelco does not oppose the making of the protected action ballot order sought by the AWU.

[5] I am satisfied that the AWU is a bargaining representative who has proposed an enterprise agreement with Sibelco.

[6] Pursuant to s.443(1)(b) I am satisfied that the AWU has been, and is, genuinely trying to reach an agreement with Sibelco.

[7] An order will issue.

COMMISSIONER

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