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Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Workers' Union, The
v
Fletcher Insulation Pty Ltd
(B2016/1261)
DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 DECEMBER 2016
Proposed protected action ballot of employees of Fletcher Insulation Pty Ltd.
[1] This is an application by The Australian Workers’ Union (the Applicant) made under
s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to
certain employees of Fletcher Insulation Pty Ltd (the Respondent).
[2] On 1 December 2016 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 C
Heath 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 PR588106.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code A, PR588107
[2016] FWC 8630
DECISION
E AUSTRALIA FairWork Commission
THE FAIR WORK COMMISSION SEAL OF
