Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Lactalis Australia Pty Ltd T/A Lactalis

[2020] FWC 4900

[2020] FWC 4900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Lactalis Australia Pty Ltd T/A Lactalis
(B2020/520)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 11 SEPTEMBER 2020

Proposed protected action ballot of employees of Lactalis Australia Pty Ltd T/A Lactalis.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Lactalis Australia Pty Ltd T/A Lactalis (Respondent).

[2] On 11 September 2020, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr D King 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.

[5] An order has been separately issued in PR722728.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR722727>