National Union of Workers v Statewide Independent Wholesalers Ltd

[2016] FWC 7284

[2016] FWC 7284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Statewide Independent Wholesalers Ltd
(B2016/1080)

COMMISSIONER CIRKOVIC MELBOURNE, 12 OCTOBER 2016

Proposed protected action ballot of employees of Statewide Independent Wholesalers 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 Statewide Independent Wholesalers Ltd (Respondent).

[2] The NUW filed a statutory declaration of Mr Godfrey Moase addressing the statutory grounds. The statutory declaration makes it clear that the parties have met on at least three occasions since 24 August 2016 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 7 October 2016 my chambers contacted the Respondent by email to determine whether they objected to the NUW’s application. The Respondent advised via email that they did not object to the NUW’s application.

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. On the basis of the material before me, including the statutory declaration, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order PR586306 is based on the draft order provided by the NUW and will be issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR586305>