The Australian Workers' Union v TAD Pty Ltd

[2019] FWC 4216

[2019] FWC 4216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
TAD Pty Ltd
(B2019/475)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 18 JUNE 2019

Proposed protected action ballot of employees of TAD Industrial (OneSteel Laverton North).

[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 TAD Pty Ltd (Respondent).

[2] On 14 June 2019, my Associate was advised that the Respondent objected to the application. The parties attended a Directions Hearing on 18 June 2019 and subsequently on 18 June 2019 the Respondent withdrew its objection.

[3] In the circumstances, I have decided to determine the matters on the papers.

[4] On the basis of the material before me, including the statutory declaration of Mr Craig Kelly of the Applicant setting out the steps taken by it in bargaining with the Respondent, 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 PR709457.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR709456>