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

[2014] FWC 1490

[2014] FWC 1490

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
Mondelez Australia Pty Ltd
(B2014/565)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 3 MARCH 2014

Proposed protected action ballot by employees of Mondelez Australia Pty Ltd.

[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 Mondelez Australia Pty Ltd (the Respondent).

[2] The CEPU has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately ten occasions since 1 November 2013 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 3 March 2014 I was advised by Ms Deb Seeber that the Respondent was not intending to oppose the ballot. In doing so, the Respondent did not challenge that the CEPU 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 [PR548290] 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, PR548289>