The Australian Workers' Union v Sims Group Australia Holdings Limited T/A Sims Metal Management

[2021] FWC 6124

[2021] FWC 6124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Sims Group Australia Holdings Limited T/A Sims Metal Management
(B2021/988)

DEPUTY PRESIDENT CLANCY MELBOURNE, 13 OCTOBER 2021

Proposed protected action ballot of employees of Sims Group Australia Holdings Limited T/A Sims Metal Management.

[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 Sims Group Australia Holdings Limited T/A Sims Metal Management (Respondent).

[2] On 13 October 2021, my Associate was advised that the Respondent did not object to 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 declaration of Mr Ross Andrew Kenna 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 PR734876.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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