National Union of Workers v E.D. Oates Pty Ltd

Case

[2011] FWA 7306

25 OCTOBER 2011

No judgment structure available for this case.

[2011] FWA 7306


FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
E.D. Oates Pty Ltd
(B2011/3772)

COMMISSIONER GAY

MELBOURNE, 25 OCTOBER 2011

Proposed protected action ballot by employees of E.D. Oates Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by the National Union of Workers (the Union) for a protected action ballot order in relation to certain employees of E.D. Oates Pty Ltd (the respondent).

[2] On 25 October 2011, Mr Owen Baillee on behalf of the respondent advised Fair Work Australia that the respondent did not oppose the application. I have accepted Mr Baillee’s advice for E.D. Oates Pty Ltd, that in the view of the respondent, the Union has been, and is, genuinely trying to reach an agreement.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] I am satisfied that the requirements set out in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR516038] based on the draft order provided by the Union has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR516037>

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