United Workers' Union v Airstep Australia Pty Ltd

[2020] FWC 1148

[2020] FWC 1148

FAIR WORK COMMISSION

DECISION

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

United Workers' Union
v
Airstep Australia Pty Ltd
(B2020/123)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 2 MARCH 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 2 March 2020, my Associate was advised that the Respondent objected to the application on the grounds that the Respondent is in a tenuous financial position and as such any protected action would be detrimental to the company’s sustainability, and that as the employees did not trust the stated financial position of the Respondent, the employees should be given the opportunity to view the audited financial position of the Respondent before any industrial action is permitted. I informed the Respondent that none of the matters raised have a statutory basis for an objection to the application. The Respondent was invited to provide any further objections and their statutory basis. No further objections were raised.

[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 Ms S Ananth 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 PR717188.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR717187>