National Union of Workers v Gale Pacific Limited

[2013] FWC 2537

[2013] FWC 2537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Gale Pacific Limited
(B2013/792)

COMMISSIONER LEE MELBOURNE, 24 APRIL 2013

Proposed protected action ballot by employees of Gale Pacific Limited

[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 Gale Pacific Limited (the Employer) made on April 2013.

[2] After an initial objection by the Employer, on 23 April 2013, my Chambers was advised by the Employer that it did not oppose the application and did not seek to make any submissions (that is, the Employer 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) The FWC 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) the FWC 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 have provided a statutory declaration of Mr Dario Mujkic, Industrial Officer, NUW, declared on 24 April 2013, 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 [PR536006] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR536005>