Liquor, Hospitality and Miscellaneous Union v Wattyl Australia Ltd and W P Crowhurst Ltd
[2010] FWA 4002
•2 JUNE 2010
[2010] FWA 4002 |
|
DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Liquor, Hospitality and Miscellaneous Union
v
Wattyl Australia Ltd and W P Crowhurst Ltd
(B2010/2984)
COMMISSIONER CARGILL | SYDNEY, 2 JUNE 2010 |
Proposed protected action ballot by employees of Wattyl Australia Ltd and W P Crowhurst Ltd.
[1] The Liquor, Hospitality and Miscellaneous Union (LHMU) has made an application for a protected action ballot order in relation to employees of Wattyl Australia Ltd and W P Crowhurst Ltd (Wattyl). The two companies are “single interest employers” as defined in section 172(5) of the Fair Work Act 2009 (the Act). The application for an order is made under section 437 of the Act.
[2] It was lodged with Fair Work Australia (FWA) on 13 May 2010 and first listed on 17 May. The substantive hearing of the matter was conducted on 24 May. As agreed, the LHMU provided written submissions which were received on 28 May. Wattyl was to provide any material in reply by close of business today, 2 June 2010.
[3] In email correspondence to my Associate yesterday, Wattyl’s legal representatives advised that Wattyl withdrew its opposition to the LHMU’s application.
[4] On the basis of the material before me I am satisfied that an application has been made under section 437 of the Act and I am further satisfied that the LHMU has been, and is, genuinely trying to reach agreement with Wattyl. Consequently, section 443 (1) requires that FWA must make the protected action ballot order sought.
[5] The order will generally reflect the draft provided by the LHMU with some changes to the description of the group of employees to be balloted and to the preamble to the questions to put to those employees. These changes are to give effect to amendments sought by the LHMU in its written submissions.
COMMISSIONER
Appearances:
A. Thomas from the Liquor, Hospitality and Miscellaneous Union
A. Vernier, solicitor, for Wattyl Australia Ltd and W P Crowhurst Ltd
Hearing details:
2010.
Sydney.
May, 17 and 24.
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