The Australian Workers' Union v Wilmar Sugar Australia Pty Ltd T/A Sugar Australia

[2020] FWC 3466

[2020] FWC 3466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Wilmar Sugar Australia Pty Ltd T/A Sugar Australia
(B2020/345)

VICE PRESIDENT CATANZARITI SYDNEY, 2 JULY 2020

Proposed protected action ballot of employees of Wilmar Sugar Australia Pty Ltd T/A Sugar Australia.

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

[2] On 30 June 2020, the Fair Work 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 statutory declaration of Mr Brendan Matthey of the Applicant declared on 25 June 2020, setting out the steps taken by it in bargaining with the Respondent and that it has 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 PR720671.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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