United Voice v Limro Cleaning Services Pty Ltd

[2015] FWC 2962

[2015] FWC 2962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Voice
v
Limro Cleaning Services Pty Ltd
(B2015/481)

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 30 APRIL 2015

Proposed protected action ballot of employees of Limro Cleaning Services Pty Ltd.

[1] This is an application by United Voice (the Union) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Limro Cleaning Services Pty Ltd (the Respondent).

[2] The Union has provided a Statement addressing the statutory grounds. That Statement makes it clear that the parties have met on four occasions since 5 December 2014 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 28 April 2015 my Chambers contacted the Ms Lucy Aloe, Office Manager of the Respondent regarding the application. On 29 April 2015 I was advised by email from Bob Trpeski of the Respondent that the Respondent did not oppose the Union’s application for a protected action ballot order. In doing so, the Respondent did not challenge that the Union had been and was genuinely trying to reach an agreement.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR566614] is based on the draft order provided by the Union and will be issued with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR566613>