National Union of Workers v DHL Supply Chain (Australia) Pty Ltd

[2013] FWC 2618

[2013] FWC 2618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
DHL Supply Chain (Australia) Pty Ltd
(B2013/803)

JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT SYDNEY, 30 APRIL 2013

Proposed protected action ballot by employees of DHL Supply Chain (Australia) Pty Ltd.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (FW Act) by the National Union of Workers (NUW). It seeks a protected action ballot order in relation to certain employees of DHL Supply Chain (Australia) Pty Ltd (the Company). The application is opposed by the Company.

[2] On 29 April 2013, I heard submissions from both the Company and the NUW on the application and matters relevant to the requirements of s.443 of the FW Act. I have also considered the material filed with the Fair Work Commission by the NUW.

[3] I am satisfied that the each of the relevant requirements of the FW Act, and in particular s.443 have been met. I am satisfied that the NUW have made an application pursuant to s.437 and that the NUW has been, and is genuinely trying to reach an agreement with the Company which is the employer of the employees to be balloted. Accordingly, an order will be made.

[4] An order [PR536109] based on the draft order provided by the NUW is issued in conjunction with this decision.

[5] The parties are encouraged to continue with their negotiations and discussions with a view to concluding the negotiations in an amicable way and without the need for taking industrial action.

SENIOR DEPUTY PRESIDENT

Appearances:

D Mujkic for the National Union of Workers.

L Brooks for DHL Supply Chain (Australia) Pty Ltd.

Hearing details:

2013.

Sydney, 29 April.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR536108>