United Workers' Union v Airstep Australia Pty Ltd

[2020] FWC 3853

[2020] FWC 3853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Airstep Australia Pty Ltd
(B2020/373)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 22 JULY 2020

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

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

[2] On 21 July 2020 the Respondent notified that it opposed the orders sought by the Applicant.

[3] I conducted a telephone mention between the parties on 22 July 2020. During the mention the Respondent accepted that the Applicant has been and is genuinely trying to reach an agreement with it. Its opposition was principally founded on the potential economic impact of any industrial action. I indicated to the parties that I would issue the ballot orders sought.

[4] On the basis of the material before me, including the declaration of Mr D Robson of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, 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 PR721203.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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