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[2018] FWC 7460
procedural. Application granted; protected action ballot order issued in PR702969
1 cited instrument linked from this judgment.
The Australian Workers' Union applied to the Fair Work Commission for permission to hold a protected action ballot (a vote on whether to take industrial action) for employees of Norske Skog Paper Mills. The employer did not oppose the application, so the Commission decided the matter based on written documents without holding a court hearing. The Commission was satisfied that the union had genuinely tried to reach an agreement with the employer, meeting the legal requirements, and granted the order allowing the ballot to proceed.
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s.437 - Application for a protected action ballot order
Norske Skog Paper Mills (Australia) Limited T/A Norske Skog Boyer
Proposed protected action ballot of employees of Norske Skog Paper Mills (Australia) Pty Ltd.
[1] This is an application by the Australian 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 Norske Skog Paper Mills (Australia) Pty Ltd (Respondent).
[2] On 6 December 2018, my Associate was advised that the Respondent did not object to the application.
[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.
[4] On the basis of the material before me, including the statutory declaration of Mr K Midson 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 PR702969.
Printed by authority of the Commonwealth Government Printer
Australian Workers' Union
Norske Skog Paper Mills
Application granted; protected action ballot order issued in PR702969