The Australian Workers' Union v Spotless Facility Services Pty Ltd

[2013] FWC 9838

[2013] FWC 9838

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
v
Spotless Facility Services Pty Ltd
(B2013/1455)

COMMISSIONER HAMPTON ADELAIDE, 13 DECEMBER 2013

Proposed protected action ballot by employees of Spotless Facility Services Pty Ltd.

[1] This is an application made under s.437 of the Fair Work Act 2009 (the Act) by the Australian Workers’ Union (AWU). It seeks a protected action ballot order in relation to certain employees of Spotless Facility Services Pty Ltd (the Employer) working in the Cooper Basin (Mereenie) region of South Australia.

[2] The Employer has advised the Commission that it does not oppose the application. Accordingly, I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the AWU filed a statement dated 10 December 2013 made by Mr Peter Lamps, National Vice President and Organiser of the AWU. This statement addresses the requirements for the making of a protected action ballot order in relation to relevant employees.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the AWU that the applicant has been, and is, genuinely trying to reach an agreement with the Employer. I am also satisfied that the application has been validly made and all of the relevant requirements of the Act for the making of the order exist in this case.

[5] An order [PR545729] based on the draft order provided by the AWU is issued in conjunction with this decision.

[6] I would remind both parties that the Commission is available to assist with bargaining disputes in accordance with s.240 and the good faith bargaining obligations of s.228 of the Act continue to apply.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR545727>