National Union of Workers v Australian Office
[2012] FWA 8940
•18 OCTOBER 2012
[2012] FWA 8940 |
|
DECISION |
Fair Work Act 2009
s.437—Protected action
National Union of Workers
v
Australian Office
(B2012/1705)
COMMISSIONER LEE | MELBOURNE, 18 OCTOBER 2012 |
Proposed protected action ballot by employees of Australian Office.
[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 Australian Office (the Respondent). The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act). The application was lodged on 16 October 2012.
[2] On 17 October 2012, my Chambers was advised by the Respondent that it had no objections to the application and had no submissions to make (that is, the Respondent 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) FWA 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) FWA 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 Tim Kennedy, Victorian Branch Secretary, NUW, declared on 17 October 2012, 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 [PR530401] will be issued concurrently with this decision.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR530400>
0
0
0