United Workers' Union v Symbion Pty Ltd

[2020] FWC 3892

[2020] FWC 3892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union

v

Symbion Pty Ltd

(B2020/396)

Deputy President Gostencnik MELBOURNE, 24 JULY 2020

Proposed protected action ballot of employees of Symbion 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 Symbion Pty Ltd (Respondent).

1. On 24 July 2020, my Associate was advised that the Respondent did not object to the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Mr S McCallum 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.

1. An order has been separately issued in PR721260.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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