National Union of Workers v Kreglinger (Australia) Pty Ltd

[2012] FWA 9361

[2012] FWA 9361

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Kreglinger (Australia) Pty Ltd
(B2012/1732)

COMMISSIONER LEE MELBOURNE, 31 OCTOBER 2012

Proposed protected action ballot by employees of Kreglinger (Australia) Pty Ltd.

[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 Kreglinger (Australia) Pty Ltd (the Respondent). The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act). The application was lodged on 26 October 2012.

[2] On 29 October 2012, my Chambers received correspondence which advised that the Respondent had no grounds to oppose the application and had no submissions to make (that is, the Respondent 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) FWA 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) FWA 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 has provided a statutory declaration of Tim Kennedy, Victorian Branch Secretary, NUW, declared on 30 October 2012, 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 [PR530943] will be issued concurrently with this decision.

COMMISSIONER

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<Price code A, PR530942>