The Australian Workers' Union v Weathertex Pty Ltd and Weathertex Supply Pty Ltd

[2021] FWC 5481

[2021] FWC 5481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Weathertex Pty Ltd and Weathertex Supply Pty Ltd
(B2021/754)

DEPUTY PRESIDENT DEAN CANBERRA, 2 SEPTEMBER 2021

Proposed protected action ballot of employees of Weathertex Pty Ltd and Weathertex Supply Pty Ltd.

[1] This is an application by The Australian Workers’ Union (AWU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Weathertex Pty Ltd and Weathertex Supply Pty Ltd (Respondent).

[2] On 2 September 2021, the Commission was advised that the Respondent did not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Paul O’Brien of the AWU made on 30 August 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR733496.

DEPUTY PRESIDENT

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<PR733495>