National Union of Workers v Tabcorp Holdings

[2011] FWA 7434

[2011] FWA 7434

FAIR WORK AUSTRALIA

DECISION

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

National Union of Workers
v
Tabcorp Holdings
(B2011/3794)

COMMISSIONER LEE MELBOURNE, 28 OCTOBER 2011

Proposed protected action ballot by employees of Tabcorp Holdings.

[1] This matter involves an application by the National Union of Workers (NUW) for a protected action ballot order in relation to certain employees of Tabcorp Holdings (the Respondent). The application is made pursuant to s.437 of the Fair Work Act 2009. The application was lodged on 27 October 2011.

[2] My associate was advised by the Respondent that it had been served with the application and that the Respondent does not object to the application (that is, the Respondent did not challenge that the NUW has been and is genuinely trying to reach an agreement.)

[3] Section 443(1) of the Act states:

“(1) FWA must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) FWA is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.”

[4] The NUW has provided a statutory declaration addressing those matters in s.443(1) of the Act.

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

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that the order must be made. The Order (PR516201) will be issued concurrently with this decision.

COMMISSIONER

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