National Union of Workers v Sutton Tools Pty Ltd

[2012] FWA 9419

[2012] FWA 9419

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Sutton Tools Pty Ltd
(B2012/1744)

COMMISSIONER RYAN MELBOURNE, 1 NOVEMBER 2012

Proposed protected action ballot by employees of Sutton Tools Pty Ltd.

[1] This is an application for a protected action ballot of members of National Union of Workers (NUW) employed by Sutton Tools Pty Ltd (the employer) as store workers.

[2] Ms O’Mara of the employer advised my chambers by email dated 1 November 2012 that the employer does not oppose the application. Ms O’Mara further confirmed verbally that it is the view of the employer that the NUW has been, and is, genuinely trying to reach an 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 this decision.

COMMISSIONER

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