United Workers' Union v James Hardie Australia Pty Ltd

[2020] FWC 6150

[2020] FWC 6150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
James Hardie Australia Pty Ltd
(B2020/677)

VICE PRESIDENT CATANZARITI SYDNEY, 17 NOVEMBER 2020

Proposed protected action ballot of employees of James Hardie Australia Pty Ltd.

[1] This is an application by the United 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 James Hardie Australia Pty Ltd (Respondent).

[2] The Respondent neither consented nor objected to 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 Shara Teo of the Applicant declared on 30 October 2020, 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 PR724605.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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