“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Regal Cream Products Pty Ltd T/A Bulla Dairy Foods

[2014] FWC 7747

[2014] FWC 7747

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
Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(B2014/1097)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(B2014/1529)

DEPUTY PRESIDENT KOVACIC SYDNEY, 31 OCTOBER 2014

Proposed protected action ballot of employees of Regal Cream Products Pty Ltd T/as Bulla Dairy Foods.

[1] These are applications by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Regal Cream Products Pty Ltd T/as Bulla Dairy Foods (the Respondent).

[2] The AMWU and the CEPU have provided Statutory Declarations addressing the statutory grounds. Those Statutory Declarations make it clear that the parties have met on approximately five occasions since 19 June 2014 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 30 October 2014 I was advised by Ms Lucy Dare, Human Resources Manager, that the Respondent does not intend to lodge an objection to the applications. In doing so, the Respondent did not challenge that the AMWU and the CEPU had been and were genuinely trying to reach agreement in respect of the 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 orders. The orders [PR557254 and PR557255] are based on the draft orders provided by the AMWU and the CEPU and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR557253>