Mr Ejaz Ali v Como Glasshouse No. 2 Pty Ltd

[2017] FWC 5512

[2017] FWC 5512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

National Union of Workers; Mr Ram Krishna Sharma; Mr Umeed Ali Mahrie; Mr Ejaz Ali

v

Como Glasshouse No. 2 Pty Ltd

(B2017/1002)

Deputy President Colman MELBOURNE, 25 OCTOBER 2017

Proposed protected action ballot of employees of Como Glasshouse No. 2 Pty Ltd.

1. This decision concerns an application by the National Union of Workers, Mr Ram Krishna Sharma, Mr Umeed Ali Mahrie and Mr Ejaz Ali (the Applicants) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Como Glasshouse No. 2 Pty Ltd (the Respondent).

1. On 23 October 2017, the Respondent advised my associate that it did not object to the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. I have considered the application and the statutory declaration of Ms Caterina Cinanni, an official of the National Union of Workers, as well as the statutory declarations of Mr Ram Krishna Sharma, Mr Ejaz Ali and Mr Umeed Ali Mahrie, setting out the steps taken by the Applicants to try to reach agreement with the Respondent.

1. I am satisfied that there is a notification time in relation to the proposed agreement, that the Applicants have been, and are, genuinely trying to reach agreement with the Respondent, and that the other requirements for the making of a protected action ballot order have been met.

1. Accordingly, the Commission is required under s.443 of the Act to make a protected action ballot order.

1. An Order has been separately issued in PR597064.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR597065>