National Union of Workers v Corporate Express Australia

[2012] FWA 7382

[2012] FWA 7382

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Corporate Express Australia
(B2012/1517)

COMMISSIONER LEE MELBOURNE, 28 AUGUST 2012

Proposed protected action ballot by employees of Corporate Express Australia.

[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 Corporate Express Australia (the Respondent). The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act). The application was lodged on 22 August 2012.

[2] My associate was contacted by the representative of the Respondent on 27 August 2012 and was advised that the Respondent did not object to the application and did not seek to make submissions (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 Sam Roberts, General Branch Secretary, 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 [PR528441] will be issued concurrently with this decision.

COMMISSIONER

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