National Union of Workers v Trimex Pty Ltd

[2015] FWC 4244

[2015] FWC 4244

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Trimex Pty Ltd
(B2015/671)

COMMISSIONER BULL SYDNEY, 23 JUNE 2015

Proposed protected action ballot of employees of Trimex Pty Ltd.

[1] On 22 June 2015, an application pursuant to s.437 of the Fair Work Act 2009 (theAct) was filed by the National Union of Workers (NUW) for a protected action ballot order in relation to certain employees of Trimex Pty Ltd (Trimex).

[2] The employees to be balloted are employees of Trimex who are members of the NUW who would be subject to the proposed enterprise agreement and for whom the NUW is the bargaining representative and who work at 5 Crewe Place, Roseberry NSW 2018.

[3] On 23 June 2015, Trimex advised the Commission that it does not oppose the issue of the order on the terms sought by NUW. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In support of the application, the NUW filed a statement dated 22 June 2015 made by Marilyn Issanchon, NUW President NSW Branch. Ms Issanchon’s statement advises that a number of meetings and discussions have been held between Trimex and the NUW with the intention of reaching an agreement.

[5] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the NUW, that the NUW has been and is, genuinely trying to reach an agreement with the employer, being Trimex.

[6] Having regard to the evidence before me, I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the Order must be made.

[7] An Order [PR568657] based on the draft order provided by the NUW is issued in conjunction with this decision

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Printed by authority of the Commonwealth Government Printer

<Price code A, PR568658>