National Union of Workers v Pental Products Pty Ltd

[2014] FWC 7518

[2014] FWC 7518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Pental Products Pty Ltd
(B2014/1481)

DEPUTY PRESIDENT KOVACIC CANBERRA, 23 OCTOBER 2014

Proposed protected action ballot of employees of Pental Products Pty Ltd.

[1] This is an application by the National Union of Workers (NUW) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Pental Products Pty Ltd (the Respondent).

[2] The NUW has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately six occasions since 12 August 2014 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.

[3] On 21 October 2014 I was advised by Mr Con Papallo, the Operations Manager of the Respondent that the Respondent was opposing the ballot. I subsequently contacted Mr Papallo to discuss the basis of his opposition. In that discussion Mr Papallo indicated that the NUW had been and was genuinely trying to reach agreement in respect of the site and the Respondent’s opposition was built out of frustration with the delays in the negotiations.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR556935] is based on the draft order provided by the NUW and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

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<Price code A, PR556934>