The Australian Workers' Union v Warrnambool Racing Club
[2012] FWA 6254
•23 JULY 2012
[2012] FWA 6254 |
|
DECISION |
Fair Work Act 2009
s.437—Protected action
The Australian Workers’ Union
v
Warrnambool Racing Club
(B2012/937)
COMMISSIONER LEE | MELBOURNE, 23 JULY 2012 |
Proposed protected action ballot by employees of Warrnambool Racing Club.
[1] This matter involves an application by The Australian Workers’ Union (the AWU) for a protected action ballot order in relation to certain employees of Warrnambool Racing Club (the Respondent). The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act). The application was lodged on 20 July 2012.
[2] My associate was contacted by the Respondent on 23 March 2012 and was advised that the Respondent did not wish to make any submission in opposition to the application (that is, the Respondent did not challenge that the AWU has been and is genuinely trying to reach an agreement.).
[3] In the circumstances, I have decided to determine the matter on the papers.
[4] Section 443(1) of the Act states:
“(1) FWA 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) FWA 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.”
[5] The AWU has provided a statutory declaration addressing those matters in s.443(1) of the Act.
[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that the order must be made. The Order (PR526753) will be issued concurrently with this decision.
COMMISSIONER
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