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[2016] FWC 240
procedural. Application granted; protected action ballot order issued separately in PR576062.
1 cited instrument linked from this judgment.
The National Union of Workers applied to the Fair Work Commission for permission to hold a protected action ballot (a vote on whether to take industrial action) for employees of Thales Australia Limited. The employer did not oppose the application, so the Commission decided the case based on written documents without holding a hearing. The Union provided a sworn statement showing it had been genuinely trying to negotiate with the employer. The Commission was satisfied with this evidence and approved the ballot application.
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s.437 - Application for a protected action ballot order
Thales Australia Limited T/A Australian Munitions
Proposed protected action ballot of employees of Thales Australia Limited trading as Australian Munitions.
[1] This is an application by the National Union of Workers (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Thales Australia Limited T/A Australian Munitions (the Respondent).
[2] On 12 January 2016 my associate was advised that the Respondent did not object to the application.
[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.
[4] On the basis of the material before me, including the statutory declaration of Mr A Snowball of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.
[5] An order has been separately issued in PR576062.
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Application granted; protected action ballot order issued separately in PR576062.