National Union of Workers v Kwik-Lok Australia Pty Ltd

[2015] FWC 7305

[2015] FWC 7305

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Kwik-Lok Australia Pty Ltd
(B2015/1479)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 23 OCTOBER 2015

Proposed protected action ballot of employees of Kwik-Lok Australia Pty Ltd.

[1] This is an application by the National Union of Workers (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Kwik-Lok Australia Pty Ltd (the Respondent).

[2] On 21 October 2015 my associate was advised that the Respondent did not object to the application save for an amendment to the fifth question in the protected action ballot order to state as follows ‘An unlimited number of bans on paperwork, with the exception of paperwork required for workplace health and safety reasons, of indefinite duration’.

[3] On 22 October 2015 my associate was advised that the Applicant did not object to the amendment to the fifth question as proposed by the Respondent.

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

[5] On the basis of the material before me, including the statutory declaration of Mr A Snowball of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.

[6] An order has been separately issued in PR573215.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR573218>