National Union of Workers v The Décor Corporation

[2012] FWA 9406

[2012] FWA 9406

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
The Décor Corporation
(B2012/1735)

COMMISSIONER LEE MELBOURNE, 1 NOVEMBER 2012

Proposed protected action ballot by employees of The Décor Corporation.

[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 The Décor Corporation (the Respondent). The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act). The application was lodged on 26 October 2012.

[2] On 30 October 2012, my Chambers received written submissions from the Respondent’s representative. This correspondence advised that the Respondent agreed to the matter being dealt with on the papers.

[3] In the circumstances, I have decided to determine the matter on the papers.

[4] 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.”

[5] The NUW has provided a statutory declaration of Paul Richardson, Assistant National Secretary, NUW, declared on 1 November 2012, addressing those matters in s.443(1) of the Act.

[6] The submissions provided by the Respondent did not provide grounds by which I could be satisfied that the Order should not be made.

[7] 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 [PR530999] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR530998>