“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Chef Fresh Pty Ltd

[2015] FWC 2888

[2015] FWC 2888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Chef Fresh Pty Ltd
(B2015/68)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 28 APRIL 2015

Proposed protected action ballot of employees of Chef Fresh Pty Ltd.

[1] This is an application by 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 a protected action ballot order in relation to certain employees of Chef Fresh Pty Ltd (the Respondent).

[2] The AMWU has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the after the AMWU served a log of claims on the Respondent on 13 March 2015 there has been no response from the Respondent.

[3] On 27 April 2015 I was advised by Mr Matt Jenkin that the Respondent will not oppose the ballot as they are close to meeting with the AMWU for EBA bargaining discussions. In doing so, the Respondent did not challenge that the AMWU had been and was genuinely trying to reach agreement in respect of either site.

[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 [PR563505] is based on the draft order provided by the AMWU and will be issued in conjunction with this decision.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR563504>