The Australian Workers' Union v Southern Metropolitan Cemeteries Trust

[2013] FWC 4597

[2013] FWC 4597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Southern Metropolitan Cemeteries Trust
(B2013/1017)

COMMISSIONER BISSETT MELBOURNE, 10 JULY 2013

Proposed protected action ballot by employees of Southern Metropolitan Cemeteries Trust.

[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 Southern Metropolitan Cemeteries Trust (the Respondent). The application was made on 8 July 2013.

[2] Upon being contacted by my associate the Respondent advised that it would not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The AWU has provided a signed statement addressing those matters in s.443(1) of the Act.

[5] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[6] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the AWU.

COMMISSIONER

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<Price code A, PR538814>