Australasian Meat Industry Employees Union, The v Tibaldi Australasia

[2013] FWC 8792

[2013] FWC 8792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australasian Meat Industry Employees Union, The
v
Tibaldi Australasia
(B2013/1395)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 8 NOVEMBER 2013

Proposed protected action ballot by employees of Tibaldi Australasia Pty Ltd.

[1] This is an application by The Australasian Meat Industry Employees Union (the AMIEU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Tibaldi Australasia (the Respondent).

[2] The AMIEU has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on a number of occasions since mid-2012 in an effort to negotiate the terms of an enterprise agreement covering the Clayton site (previously operated by an entity called Ridders Fresh Pty Ltd) and since May 2013 for a single agreement covering the Respondent’s Clayton and Coburg operations. It further makes it clear that whilst progress has been made in those negotiations, the parties are unable to reach agreement.

[3] On 7 November 2013 I was advised by Mr Chao Ni, from Mason Sier Turnbull, that he was acting for the Respondent and that the Respondent did not intend to oppose the application. In doing so, the Respondent did not challenge that the AMIEU 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 an order. The order [PR544310] is based on the draft order provided by the NUW and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

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<Price code A, PR544309>