National Union of Workers

[2013] FWC 927

[2013] FWC 927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

National Union of Workers
(B2013/598)

COMMISSIONER LEE MELBOURNE, 8 FEBRUARY 2013

Proposed protected action ballot by employees of H.A.G. Import Corporation. (Australia) Pty Ltd.

[1] This matter involves an application by the National Union of Workers (NUW) for a protected action ballot order in relation to certain employees of H.A.G. Import Corporation (Australia) Pty Ltd (the Employer).

[2] On 7 February 2012, my Chambers was advised by the Employer that it did not oppose the granting of the order and did not wish to make any submissions (that is, the Employer did not challenge that the NUW has been and is genuinely trying to reach an agreement.).

[3] In the circumstances, I have decided to determine the matter on the papers.

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

“(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.”

[5] The NUW has provided a statutory declaration of Gary Maas, Assistant Victorian Secretary, NUW, declared on 7 February 2013, addressing those matters in s.443(1) of the Act.

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that the Order must be made. The Order [PR533967] will be issued concurrently with this decision.

COMMISSIONER

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