National Union of Workers v Cheminova (Mfg) Pty Ltd T/A Cheminova

[2012] FWA 10343

[2012] FWA 10343

FAIR WORK AUSTRALIA

DECISION

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

National Union of Workers
v
Cheminova (MFG) Pty Ltd T/A Cheminova
(B2012/1772)

COMMISSIONER BULL SYDNEY, 7 DECEMBER 2012

Proposed protected action ballot by employees of Cheminova (MFG) Pty Ltd.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the National Union of Workers (NUW). It seeks a protected action ballot order in relation to certain employees of Cheminova (MFG) Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the NUW filed a statement dated 6 December 2012 made by Mr Ron Herbert, an Organiser of the NUW.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the NUW, that the NUW has been and is, genuinely trying to reach an agreement with the Employer.

[5] An order [PR532138] based on the draft order provided by the NUW is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR532137>