Application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2014] FWC 4071

[2014] FWC 4071

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

v

McCain Foods (Australia) Pty Ltd

(B2014/879)

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries

Union” known as the Australian Manufacturing Workers’ Union (AMWU)

v

McCain Foods (Australia) Pty Ltd

(B2014/122)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 19 JUNE 2014

Proposed protected action ballot by employees of McCain Foods (Australia) Pty Ltd.

[1] These are applications by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work

Act 2009 (the Act) for protected action ballot orders in relation to certain employees of

McCain Foods (Australia) Pty Ltd (the Respondent).

[2] The CEPU and the AMWU have provided Statutory Declarations addressing the statutory grounds. Those Statutory Declarations make it clear that the parties have met on approximately four occasions since 16 May 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 17 June 2014 I was advised by Mr Brian Neylon, the HR Manager ISC Aust/NZ,

that the Respondent will not oppose the ballot. In doing so, the Respondent did not challenge
that the CEPU and the AMWU had been and was genuinely trying to reach 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 orders. The orders [PR552204 and
[2014] FWC 4071

PR552205] are based on the draft orders provided by the CEPU and the AMWU and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR552203>