National Union of Workers v Montague Cold Storage Pty Ltd

[2012] FWA 10057

[2012] FWA 10057

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Montague Cold Storage Pty Ltd
(B2012/2049)

COMMISSIONER LEE MELBOURNE, 27 NOVEMBER 2012

Proposed protected action ballot by employees of Montague Cold Storage Pty Ltd.

[1] This matter involves an application by the National Union of Workers (NUW) for a protected action ballot order in relation to certain employees of Montague Cold Storage Pty Ltd (the Respondent). The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act). The application was lodged on 23 November 2012.

[2] On 26 October 2012, my Chambers was advised by the Respondent that it did not contest the application and did not wish to make any submissions (that is, the Respondent did not challenge that the NUW has been and is genuinely trying to reach an agreement.).

[3] In the circumstances, I have decided to determine the matter on the papers.

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

“(1) FWA 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) FWA 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.”

[5] The NUW has provided a statutory declaration of Belinda Jacobi, Union Official, NUW, declared on 26 November 2012, addressing those matters in s.443(1) of the Act.

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that the Order must be made. The Order [PR531802] will be issued concurrently with this decision.

COMMISSIONER

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<Price code A, PR531801>