Application by The Australian Workers' Union
Cited 1×
Applicant: The Australian Workers' Union
Respondent: Victorian Amateur Turf Club T/A Melbourne Racing Club
Ratio
The Fair Work Commission is satisfied that the statutory requirements for a protected action ballot order under s.437 and s.443(1) of the Fair Work Act 2009 have been met. The employer did not object to the order, and the ballot is directed at employees covered by an enterprise agreement due to expire on 31 January 2015.
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 · 6
- Application made by The Australian Workers' Union on 16 January 2015
- Application relates to employees of Victorian Amateur Turf Club T/A Melbourne Racing Club
- Employees covered by The Melbourne Racing Club and The Australian Workers' Union Enterprise Agreement 2011
- Enterprise agreement has nominal expiry date of 31 January 2015
- Employer served within 24 hours of application
- Employer did not object to the order on 19 January 2015
Factors
For
- Statutory requirements of s.443(1) satisfied
- Employer did not object to the order
- Employees covered by enterprise agreement approaching expiry date
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.437
- Fair Work Act 2009 (Cth) s.443(1)
Concept tags · 3
Archived text (248 words)
Application by The Australian Workers' Union [2015] FWC 484 (19 January 2015)
[2015] FWC 484
FAIR WORK COMMISSION
DECISION
Fair Work Act 2009
s.437
—Protected action
The Australian Workers’ Union
v
Victorian Amateur Turf Club T/A Melbourne Racing Club
(B2015/236)
COMMISSIONER JOHNS
MELBOURNE, 19 JANUARY 2015
Proposed protected action ballot of employees of Victorian Amateur Turf Club T/A Melbourne Racing Club.
[1]
On 16 January 2015, The Australian Workers’ Union (
AWU
) made an application for a protected action ballot order in relation to a group of employees of the Victorian Amateur Turf Club T/A
Melbourne Racing Club (
Employer
).
[2]
The application is made pursuant to
s.437
of the
Fair Work Act 2009
(
Act
).
[3]
The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (
Commission
).
[4]
The employees to be balloted are presently covered by
The Melbourne Racing Club and The Australian Workers’ Union Enterprise Agreement 2011
(
Agreement
). The nominal expiry date of the Agreement is 31 January 2015.
[5]
On 19 January 2015, the Employer confirmed in writing that it did not object to the Order being issued.
[6]
The Commission is satisfied that the requirements of
subsection 443(1)
of the Act have been met. Accordingly, an Order must be made.
[7]
The Order [
PR560233
] will be issued concurrently with this decision.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR560234>