Australian Workers' Union, The v BDD Milk Pty Ltd T/A Bega

[2023] FWC 24

[2023] FWC 24

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Workers’ Union, The
v

BDD Milk Pty Ltd T/A Bega

(B2023/1)

DEPUTY PRESIDENT CLANCY MELBOURNE, 5 JANUARY 2023

Proposed protected action ballot of employees of BDD Milk Pty Ltd Trading as Bega

1. This is an application by the Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of BDD Milk Pty Ltd (Respondent).

1. While the Respondent advised my Associate of a few issues with the application documents on 4 January 2023, these have since been resolved and the Respondent has confirmed it does not object to the application.

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

1. On the basis of the material before me, including the declaration of Mr Mundey 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 PR749401

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR749399>