National Union of Workers v Prysmian Australia Pty Ltd

[2019] FWC 6564

[2019] FWC 6564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Prysmian Australia Pty Ltd
(B2019/772)

DEPUTY PRESIDENT DEAN SYDNEY, 20 SEPTEMBER 2019

Proposed protected action ballot of employees of Prysmian Australia Pty Ltd.

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

[2] On 19 September 2019, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Sharon Morris of the NUW declared on 12 September 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An Order has been separately issued in PR712599.

DEPUTY PRESIDENT

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