Australasian Meat Industry Employees Union, The v Diamond Valley Pork Pty Ltd

[2019] FWC 4682

[2019] FWC 4682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australasian Meat Industry Employees Union, The

v

Diamond Valley Pork Pty Ltd

(B2019/520)

Deputy President Masson MELBOURNE, 4 JULY 2019

Proposed protected action ballot of employees of Diamond Valley Pork Pty Ltd.

1. This is an application by the Australasian Meat Industry Employees Union (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 Diamond Valley Pork Pty Ltd (the Respondent) who are to be covered by the proposed agreement and are represented by the Applicant.

1. On 3 July 2019 the Respondent advised that it objected to the application on the grounds including that the Applicant was not genuinely trying to reach an agreement. The matter was listed for mention on the 4 July 2019.

1. On 4 July 2019 the Respondent subsequently advised that it withdrew its objection and did not contest the Applicant’s application for a protection action ballot order.

1. In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Mr Jarrod Jones of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An order has been separately issued in PR710042.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR710040>