National Union of Workers v Linfox Australia Pty Ltd

[2013] FWC 9629

[2013] FWC 9629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Linfox Australia Pty Ltd
(B2013/1445)

COMMISSIONER BULL SYDNEY, 9 DECEMBER 2013

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

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Nation Union of Workers (NUW) for a protected action ballot order in relation to certain employees of Linfox Australia Pty Ltd (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 5 December 2013 made by Bruno Mendonca of the NUW, Mr Mendonca 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 [PR545421] 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, PR545453>