National Union of Workers v Meritor Heavy Vehicle Systems Australia Limited

[2014] FWC 7261

[2014] FWC 7261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Meritor Heavy Vehicle Systems Australia Limited
(B2014/1465)

COMMISSIONER RYAN MELBOURNE, 14 OCTOBER 2014

Proposed protected action ballot of employees of Meritor Heavy Vehicle Systems Australia Limited.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by National Union of Workers (NUW) for a protected action ballot order in relation to employees of Meritor Heavy Vehicle Systems Australia Limited (the Respondent). The application was made on 14 October 2014.

[2] The Respondent has advised that it does not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC 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) the FWC 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.

[4] The NUW has demonstrated that it has met the requirements of s.443(1) of the Act in a statement signed by Kathryn Hilt, an Official of the NUW.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the NUW.

COMMISSIONER

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