National Union of Workers v De'Longhi Australia Pty Ltd

[2014] FWC 5099

[2014] FWC 5099

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
De'Longhi Australia Pty Ltd
(B2014/170)

VICE PRESIDENT HATCHER SYDNEY, 29 JULY 2014

Proposed protected action ballot by employees of De'Longhi Australia Pty Ltd.

[1] On 25 July 2014 the National Union of Workers (the applicant) made an application under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to employees of De’Longhi Australia Pty Ltd (the respondent) at its worksite at Nexus Park, Unit 3A/43 Lyn Parade, Prestons NSW 2170 who are members of the applicant and for whom the applicant is a bargaining representative in respect of a proposed enterprise agreement.

[2] On 28 July 2014 Mr Chris Galwey, Supply Chain Manager for the respondent, provided advice by email on behalf of the respondent that it did not oppose the making of the order sought by the applicant in its application.

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

[4] The application was supported by a statement made by Mr Justin Cody, an employee of the applicant, dated 25 July 2014. On the basis of the matters set out in that statement, I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR553644] based on the draft order provided by the applicant will be issued in conjunction with this Decision.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR553646>