National Union of Workers v Sigma Company Limited

[2016] FWC 6673

[2016] FWC 6673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

National Union of Workers
v
Sigma Company Limited
(B2016/961)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 16 SEPTEMBER 2016

Proposed protected action ballot of employees of Sigma Company Limited.

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

[2] On 15 September 2016 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr G Moase of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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] The Fair Work Commission may order that the period of notice for protected industrial action referred to in s.414(2)(a) of the Act be longer than three working days, if satisfied that there are exceptional circumstances justifying a longer notice period. The parties in this application have agreed that a longer notice period for protected industrial action is justified. On the basis of the material contained in the witness statements of Ms K Marshall and Mr P Brown, I am satisfied that there are exceptional circumstances justifying a longer period of notice. I therefore order that the period of notice for protected industrial action referred to in s.414(2)(a) be five working days.

[6] An order has been separately issued in PR585499.

DEPUTY PRESIDENT

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