National Union of Workers v GPC Asia Pacific Pty Ltd T/A Repco

[2013] FWC 6018

[2013] FWC 6018

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
GPC Asia Pacific Pty Ltd T/A Repco
(B2013/206)

COMMISSIONER BULL MELBOURNE, 22 AUGUST 2013

Proposed protected action ballot by employees of GPC Asia Pacific Pty Ltd T/A Repco.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the National Union of Workers (NUW) for a protected action ballot order in relation to certain employees of GPC Asia Pacific Pty Ltd T/A Repco (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the NUW filed a statement dated 21 August 2013 made by Bruno Mendonca of the NUW. Mr Mendonca’s statement refers to three separate meetings held with the Employer with the intention of reaching an agreement.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the NUW, that the NUW has been and is, genuinely trying to reach an agreement with the Employer.

[5] An order [PR540597] based on the draft order provided by the NUW is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR540596>