National Union of Workers v Allied Mills Pty Ltd

[2013] FWC 7245

[2013] FWC 7245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Allied Mills Pty Ltd
(B2013/1220)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 20 SEPTEMBER 2013

Proposed protected action ballot by employees of Allied Mills Pty Ltd.

[1] This is an application by the National Union of Workers (the NUW) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Allied Mills Pty Ltd (the respondent). The NUW verbally confirmed to my chambers on 20 September 2013 that the application only relates to specified employees at the respondent’s North Fremantle (Western Australia) facility.

[2] The NUW has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on four occasions since 9 May 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 17 September 2013 I was advised by Ms Nikki Town, the General Manager, Corporate Services/Company Secretary of the respondent, that it was aware of the application and would not oppose the application. In doing so, the respondent did not challenge that the NUW had been and was genuinely trying to reach agreement.

[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 [PR542249] is based on the draft order provided by the NUW and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR542248>