National Union of Workers v Motherson Elastomers Pty Ltd

[2013] FWC 4322

[2013] FWC 4322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Motherson Elastomers Pty Ltd
(B2013/1003)

SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 3 JULY 2013

Proposed protected action ballot by employees of Motherson Elastomers Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the National Union of Workers (the NUW) for a protected action ballot order in relation to certain employees of Motherson Elastomers Vic Pty Ltd (the respondent).

[2] My associate was advised by the respondent that it had been served with the application and that the respondent would advance no substantive ground of opposition to an order being made (that is, the respondent did not challenge that the NUW had been and was genuinely trying to reach an agreement). The NUW has provided a Statutory Declaration addressing the statutory grounds.

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

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR538484] based on the draft order provided by the NUW and in the form required by Fair Work Commission has issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR538483>