The Australian Workers' Union v Van Oord Australia Pty Ltd

[2012] FWA 4165

[2012] FWA 4165

FAIR WORK AUSTRALIA

DECISION

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

The Australian Workers' Union
v
Van Oord Australia Pty Ltd
(B2012/773)

COMMISSIONER MCKENNA SYDNEY, 15 MAY 2012

Proposed protected action ballot by employees of Van Oord Australia Pty Ltd (ACN 100 142 292).

[1] The Australian Workers’ Union (“AWU”) has made an application, pursuant to s.437 of the Fair Work Act 2009 (“the Act”), for a protected action ballot order. The application concerns all relevant employees of Van Oord Australia Pty Ltd (“Van Oord”) who will be covered by the proposed enterprise agreement (see clause 2 of the order) and who are members of the AWU, except an employee who is bound by an individual agreement-based transitional instrument that has not passed its nominal expiry date on the day the proposed order is made, unless the employee has made a conditional termination of that agreement. The application was listed for a telephone mention on 14 May 2012, the same day the file was received by me consequent upon its allocation. Mr M De Carne appeared on behalf of the AWU and Van Oord was represented by Mr M Diamond of Workplace Advisory Group.

[2] The application annexed a copy of a declaration of Scott McDine, AWU Assistant National Secretary, describing the history of matters relied on in support of the application. Mr Diamond submitted Van Oord did not oppose the making of the protected action ballot order sought by the AWU. Considering the materials filed and the parties’ submissions in the context of the statutory provisions, I am satisfied the application for the order must granted. Among other matters, I am relevantly satisfied the application has been made in accordance with s.437 of the Act and that the AWU has been, and is, genuinely trying to reach an agreement with Van Oord as the employer of the employees who are to be balloted. Accordingly, an order is issued separately in the terms proposed in the application save as to minor clause renumbering.

COMMISSIONER

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