National Union of Workers v Sargents Pty Ltd
[2012] FWA 9182
•25 OCTOBER 2012
[2012] FWA 9182 |
|
DECISION |
Fair Work Act 2009
s.437—Protected action
National Union of Workers
v
Sargents Pty Ltd
(B2012/1027)
DEPUTY PRESIDENT BOOTH | SYDNEY, 25 OCTOBER 2012 |
Proposed protected action ballot by employees of Sargents 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, New South Wales Branch (NUW) for a protected action ballot order in relation to certain employees of Sargents Pty Ltd (the Respondent).
[2] My associate was advised by Mr Rajpal Singh that the Respondent would not advance any opposition to an order being made. The NUW has provided a Statement of James Nero setting out the history of negotiations, which to date, have not resulted in any agreement.
[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 based on the draft order provided by the NUW has issued in conjunction with the decision.
[5] I would like to take the opportunity of reminding the parties of s.240 of the Act, which provides bargaining representatives with the opportunity to apply for FWA to deal with a dispute about the Agreement. In effect, s.240 of the Act provides the parties with the opportunity of a preliminary step (a member of FWA facilitating the parties negotiations) before taking industrial action, which should always be a last resort in enterprise bargaining.
DEPUTY PRESIDENT
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