Transport Workers' Union of Australia

[2014] FWC 6742

[2014] FWC 6742

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
(B2014/1398)

COMMISSIONER BULL SYDNEY, 25 SEPTEMBER 2014

Proposed protected action ballot of employees of Orica Australia Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Transport Workers’ Union of Australia (TWU) for a protected action ballot order in relation to certain employees of Orica Australia Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the TWU filed a statement dated 17 September 2014 made by Mr Scot Leighton, Delegate of the TWU. Mr Leighton’s statement refers to 12 separate meetings held with the Employer with the intention of reaching an agreement.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the TWU, that the TWU has been and is, genuinely trying to reach an agreement with the Employer.

[5] An order [PR555886] based on the draft order provided by the TWU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR555885>