Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australasian Food Group Pty Ltd t/a Peters Ice Cream

[2014] FWC 3527

[2014] FWC 3527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Australasian Food Group Pty Ltd t/a Peters Ice Cream
(B2014/807)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 27 MAY 2014

Proposed protected action ballot by employees of Australasian Food Group Pty Ltd t/a Peters Ice Cream.

[1] This is an application by 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 Australasian Food Group Pty Ltd t/a Peters Ice Cream (AFG).

[2] The CEPU has addressed the statutory grounds. The application makes it clear that the parties have met on approximately four occasions since the CEPU served a log of claims on AFG on 4 February 2014, and once before that date, 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 23 May 2014 I was advised by Mr Adam Whyte, People and Performance Manager (Operations and Supply Chain) at AFG, that AFG will not be opposing the application for a protected action ballot order. In doing so, AFG did not challenge that the CEPU had been and was genuinely trying to reach an 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 [PR551089] is based on the draft order provided by the CEPU and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR551088>