National Union of Workers v Grays (NSW) Pty Limited t/a Grays Online

[2014] FWC 4799

[2014] FWC 4799

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Grays (NSW) Pty Limited t/a Grays Online
(B2014/162)

VICE PRESIDENT HATCHER SYDNEY, 17 JULY 2014

Protected action ballot of employees of Grays (NSW) Pty Limited t/a Grays Online.

[1] On 16 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 Grays (NSW) Pty Limited t/a Grays Online (the respondent) at its worksite at 29-33 Carter Street Homebush NSW 2141 who are members of the applicant and for whom the applicant is a bargaining representative. The application of 16 July 2014 was subsequently amended by the applicant on 17 July 2014 pursuant to s.586 of the Act to correct an error in the stated name of the employer.

[2] On 17 July 2014 Ms Joanne van Hattum (Bailey), Human Resources 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 amended application.

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

[4] The amended application was supported by a statement made by Mr James Nero, an official of the applicant, dated 11 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 [PR553247] based on the amended 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, PR553246>