Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v McCormick Foods Australia Pty Ltd

[2017] FWC 1668

[2017] FWC 1668

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
McCormick Foods Australia Pty Ltd
(B2017/234)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 28 MARCH 2017

Proposed protected action ballot of employees of McCormick Foods Australia Pty Ltd.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the ETU) applied for a protected action ballot order.¹

[2] The ETU sought an order that employees of McCormick Foods Australia Pty Ltd who are members of the ETU and who would be subject to the proposed enterprise agreement be balloted to see if they supported the taking of protected industrial action.

[3] It was not disputed that:

(1) The ETU is a bargaining representative for employees.²

(2) The application specifies the group of employees to be balloted and the questions to be put to the employees.³

(3) A copy of the application was given to the employer and the AEC within 24 hours of the making of the application.⁴

(4) The nominal expiry date of the agreement has passed.⁵

[4] Mr Danny Timmers, an ETU Branch Organiser, filed a statutory declaration.

[5] On 23 March 2017, Mr Blair Lindsay, the Human Resources Director emailed the Commission advising that they contested the application.

[6] The matter was listed for hearing on 27 March 2016 at 12.00 noon.

[7] On 24 March 2017, the ETU submitted that the Union was not seeking a one person enterprise agreement and the ETU was part of a bargaining unit with the NUW and AMWU for an enterprise agreement covering the NUW, AMWU and ETU members’ positions.

[8] On 27 March 2017 at 11.04 am, the Respondent emailed the Commission advising it did not oppose the application.

[9] The hearing for 12.00 noon was cancelled.

[10] I am satisfied that the ETU has satisfied the statutory prerequisites for a protected action ballot order and I am satisfied that the ETU is genuinely trying to reach an agreement.

DEPUTY PRESIDENT

1 See s.437 of the Fair Work Act 2009

2 Ibid s.437(1)

3 Ibid s.437(3)

4 s.440

5 s.438(1)

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