The Australian Workers' Union v UGL Resources Pty Ltd

[2014] FWC 2863

[2014] FWC 2863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
UGL Resources Pty Ltd
(B2014/735)

COMMISSIONER JOHNS MELBOURNE, 1 MAY 2014

Proposed protected action ballot by employees of UGL Resources Pty Ltd.

[1] On 30 April 2014 the Australian Workers’ Union (AWU) made an application for a protected action ballot order in relation to a group of employees of UGL Resources Pty Ltd (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The AWU indicated that it wanted to ballot:

Employees of the Respondent who are currently covered by the UGL Resources Pty Ltd Shell Geelong Refinery Enterprise Agreement 2011 and who will be covered by a proposed enterprise agreement to replace that agreement and who are members of the AWU and who have not appointed someone other than the AWU to be their bargaining representative.

[4] That description of the group of employees to be balloted goes beyond what is necessary under s.437(5) of the Act. The Order will reflect the statutory prescription.

[5] On 1 May 2014, the Employer confirmed in writing that it did not object to the Order being issued.

[6] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[7] The Order [PR550160] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR550159>