Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Murray Goulburn Co-Operative Co. Limited

[2014] FWC 3599

[2014] FWC 3599

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
Murray Goulburn Co-Operative Co. Limited
(B2014/799)

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Murray Goulburn Co-Operative Co. Limited
(B2014/95)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 29 MAY 2014

Proposed protected action ballot by employees of Murray Goulburn Co-Operative Co. Limited.

[1] These are applications by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work Act 2009 (the Act) for protected action ballot orders in relation to certain employees of Murray Goulburn Co-Operative Co. Limited (MGC).

[2] The CEPU and the AMWU have addressed the statutory grounds. Their applications make it clear that the parties have met on approximately three occasions since the CEPU and the AMWU served a log of claims on MGC on 20 March 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 22 May 2014 I was advised by Mr Adam Lambert, the Industrial Relations Manager of MGC, that it wished to be heard in relation to the applications. Specifically, Mr Lambert advised that MGC wished to apply under s.443(5) of the Act for the period of written notice referred to in s.414(2)(a) of the Act to be extended to seven days. The applications were then listed for a hearing on 29 May 2014. On 26 May 2014 Mr Mark McDonald, General Manager of Manufacturing and Supply Chain at MGC filed a substantial statement.

[4] On 28 May 2014 Mr Lambert wrote to me, the CEPU and the AMWU advising that MGC was withdrawing its application under s.443(5) of the Act and was content for the ballot orders to be determined on the papers. In doing so, MGC stated that it does not dispute that presently the CEPU or the AMWU had been and are genuinely trying to reach an agreement.

[5] In the circumstances, I have decided to determine the matter on the papers and the hearing was cancelled.

[6] 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 [PR551178 and PR55179] are based on the draft orders provided by the CEPU and the AMWU and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR551185>