National Union of Workers v Netafim Australia Pty Ltd

[2014] FWC 1247

[2014] FWC 1247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Netafim Australia Pty Ltd
(B2014/533)

COMMISSIONER RYAN MELBOURNE, 19 FEBRUARY 2014

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

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the National Union of Workers (NUW) for a protected action ballot order in relation to certain employees of Netafim Australia Pty Ltd (the Respondent). The application was made on 14 February 2014.

[2] The Respondent has advised in correspondence 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 addressed the requirements of s.443(1) of the Act in the body of the application but not by supplying a separate statement as required by the Rules. To the extent necessary I waive compliance with the requirements of the Rules.

[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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