National Union of Workers v Bytecraft Systems Pty Ltd

[2017] FWC 5307

[2017] FWC 5307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

National Union of Workers

v

Bytecraft Systems Pty Ltd

(B2017/943)

Deputy President Colman MELBOURNE, 13 OCTOBER 2017

Proposed protected action ballot of employees of Bytecraft Systems Pty Ltd.

1. This decision concerns an application by the National Union of Workers (the Applicant) made under s.437 of the Fair Work Act 2009 (The Act) for a protected action ballot order in relation to certain employees of Bytecraft Systems Pty Ltd (the Respondent).

1. On 10 October 2017, the Respondent advised the Commission that it did not object to the application. The Respondent further advised that the parties were continuing discussions as to the form of the draft order. On 13 October 2017, I received confirmation from the Applicant that the parties had reached an agreement as to the form of the draft order.

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 Anna Thwaites, an Industrial Officer of the Applicant, setting out the steps taken by the Applicant 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 Applicant has been, and is, 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 PR596789.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR596788>