National Union of Workers, New South Wales Branch v Phillip Leong Stores Pty Ltd

[2011] FWA 5228

[2011] FWA 5228

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers, New South Wales Branch
v
Phillip Leong Stores Pty Ltd
(B2011/178)

COMMISSIONER HARRISON SYDNEY, 8 AUGUST 2011

Proposed protected action ballot by employees of Phillip Leong Stores Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by the National Union of Workers, New South Wales Branch (NUW) for a protected action ballot order in relation to certain employees of Phillip Leong Stores Pty Ltd (the respondent).

[2] My associate was advised by a representative of the respondent that it had been served with the application and that the respondent would not advance any opposition to an order being made. The NUW has provided a Statement of Mr Nick Belan setting out the history of negotiations, which to date, have not resulted in any agreement.

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

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR513215] based on the draft order provided by the NUW has issued in conjunction with the decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR513214>