National Union of Workers v Linfox Australia Pty Ltd

[2014] FWC 5208

[2014] FWC 5208

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Linfox Australia Pty Ltd
(B2014/175)

VICE PRESIDENT HATCHER SYDNEY, 5 AUGUST 2014

Proposed protected action ballot of employees of Linfox Australia Pty Ltd.

[1] On 30 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 Linfox Australia Pty Ltd (the respondent) at its worksite at 27/49 Lenore Drive Erskine Park NSW 2759 who are members of the applicant and for whom the applicant is a bargaining representative in respect of a proposed enterprise agreement.

[2] On 31 July 2014 Mr Nick Leon, Workplace Relations 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 application.

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

[4] The application was supported by a statement made by Mr Charlie Morgan, an employee of the applicant, dated 29 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 [PR553791] based on the draft order provided by the applicant will be issued in conjunction with this Decision. The parties have agreed that the Order will give the date on which the ballot closes as being no later than 20 working days.

VICE PRESIDENT

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<Price code A, PR553793>