National Union of Workers v Mackay Consolidated Industries Pty Ltd

[2016] FWC 7493

[2016] FWC 7493

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Mackay Consolidated Industries Pty Ltd
(B2016/1099)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 17 OCTOBER 2016

Proposed protected action ballot of employees of Mackay Consolidated Industries 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 Mackay Consolidated Industries Pty Ltd (the Respondent).

[2] On 17 October 2016 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr A Portelli 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 there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR586548.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR586549>