Australian Workers' Union, The v Australian Vintage Limited

[2016] FWC 425

[2016] FWC 425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Australian Vintage Limited
(B2016/211)

COMMISSIONER CIRKOVIC MELBOURNE, 21 JANUARY 2016

Proposed protected action ballot of employees of Australian Vintage Limited.

[1] This is an application by the Australian Workers’ Union (AWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Australian Vintage Limited (the Respondent).

[2] The AWU filed a Statutory Declaration of Adam Algate (the Statutory Declaration) addressing the statutory grounds. The Statutory Declaration makes it clear that the parties have met on approximately seven occasions since 20 August 2015 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 19 January 2016, my chambers contacted the Respondent by email to determine whether they object to the AWU’s application. My chambers advised that if the Respondent objected to the AWU’s application, that the application would be listed for hearing. The Respondent confirmed by email that they will not be disputing the AWU’s application.

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. On the basis of the material before me, including the Statutory Declaration, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order PR576330 is based on the draft order provided by the AWU and will be issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR576323>