National Union of Workers

[2014] FWC 4597

[2014] FWC 4597

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
(B2014/148)

COMMISSIONER RIORDAN SYDNEY, 14 JULY 2014

Proposed protected action ballot by employees of New Food Coating Pty Ltd.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by National Union of Workers (NUW). It seeks a protected action ballot order in relation to certain employees of New Food Coating Pty Ltd (the Employer).

[2] The Employer advised that it opposes the application. Accordingly I have determined the matter on the basis of the evidence submitted.

[3] In support of the application, the NUW filed a statement dated 7 July 2014 made by Mr Ron Herbert, an Official of the NUW. The Respondent relied upon a witness statement of Louise Walker, Human Resources Manager.

[4] I adjourned the proceedings on 10 July, 2014, to allow for a further meeting between the parties.

[5] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the evidence provided by the NUW, that the NUW has been, and continues to be, genuinely trying to reach an agreement with the Employer.

[6] An order [PR552935] based on the draft order provided by the NUW is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR552933>