Benchmark WA Industrial Relations Case Database

Application by The Australian Workers' Union

[2013] FWC 397 Fair Work Commission 2013-01-01 cited 1×
Source
Cited 1×
Applicant: The Australian Workers' Union
Respondent: Skilled Group Limited

Ratio

The FWC was satisfied that the statutory requirements for a protected action ballot under s.443(1) of the Fair Work Act 2009 had been met. The respondent did not oppose the application and the union had been genuinely trying to reach agreement, supporting the granting of the order.

Outcome

For applicant granted

Authority signal

Cited 1× Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 5

  • Application for protected action ballot by members of The Australian Workers' Union employed by Skilled Group Limited
  • Employees working at Impact Fertilisers Pty Ltd Derwent Park Road site
  • Skilled Group Limited did not oppose the application
  • AWU had been genuinely trying to reach agreement with Skilled
  • Matter determined on the papers without a hearing

Factors

For
  • Respondent company did not oppose the application
  • Union had been genuinely trying to reach agreement with the employer
  • Requirements of s.443(1) Fair Work Act 2009 were satisfied
Against

Legislation referenced

  • Fair Work Act 2009 (Cth) s.437
  • Fair Work Act 2009 (Cth) s.443(1)

Concept tags · 3

[P]Protected action ballot order [S]Protected industrial action [S]Mining / resources sector
Archived text (201 words)
Application by The Australian Workers' Union [2013] FWC 397 (18 January 2013) [2013] FWC 397 FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.437 —Protected action The Australian Workers’ Union v Skilled Group Limited (B2013/548) COMMISSIONER RYAN MELBOURNE, 18 JANUARY 2013 Proposed protected action ballot by employees of Skilled Engineering. [1] This is an application for a protected action ballot of members of The Australian Workers’ Union (AWU) employed by Skilled Group Limited (Skilled) and working at the Impact Fertilisers Pty Ltd Derwent Park Road site. [2] Mr Paul Borobokas, General Manager Workplace Relations for Skilled, advised my chambers by email on 17 January 2013 that the company does not oppose this application and that the AWU has been genuinely trying to reach agreement with Skilled. [3] In the circumstances I have decided to determine the matter on the papers without holding a hearing. [4] I am satisfied that the requirements in s.443(1) of the Fair Work Act 2009 have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AWU has issued in conjunction with this decision. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A, PR533280>