National Union of Workers v Recall Information Management Pty Ltd

[2012] FWA 10754

[2012] FWA 10754

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Recall Information Management Pty Ltd
(B2012/2128)

COMMISSIONER GAY MELBOURNE, 21 DECEMBER 2012

Proposed protected action ballot by employees of Recall Information Management Pty Ltd.

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

[2] On 20 December 2012, Mr A Morgan on behalf of the respondent advised Fair Work Australia that the respondent did not oppose the application. Further, on 21 December Mr Morgan advised “the Company is content that the union has been genuinely trying to reach agreement”.

[3] On 21 December Mr S Roberts, General Branch Secretary of the National Union of Workers, provided a Statutory Declaration in relation to the making of the protected action ballot order. The union confirmed that it “has been and is genuinely trying to reach an agreement with the employer”.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] I am satisfied that the requirements set out in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order [PR532652] based on the draft order provided by the union has issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR532651>