National Union of Workers

[2014] FWC 5392

[2014] FWC 5392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
(B2014/1217)

COMMISSIONER RYAN MELBOURNE, 11 AUGUST 2014

Proposed protected action ballot of employees of Cigweld Pty Ltd.

[1] This is an application for a protected action ballot of members of National Union of Workers (NUW) employed by Cigweld Pty Ltd (the employer).

[2] Following contact with the employer by my associate, Mr Ian Holm, Human Resources Manager for the employer, emailed my chambers indicating that the employer did not oppose this application.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The NUW has demonstrated that it has met the requirements of s.443(1) of the Act in a Statutory Declaration declared by Susie Allison, Assistant Victorian Branch Secretary of the NUW.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order in the terms sought by the NUW.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR554054>