National Union of Workers v Burra Foods Australia

[2014] FWC 5570

[2014] FWC 5570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Burra Foods Australia
(B2014/1235)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 14 AUGUST 2014

Proposed protected action ballot of employees of Burra Foods Australia.

[1] This is an application by the National Union of Workers (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 Burra Foods Australia (the Respondent).

[2] The NUW has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately eight occasions since 28 April 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 14 August 2014 I was advised by Ms Helen Falls from the Respondent that they will not oppose the ballot application. In doing so, the Respondent did not challenge that the NUW 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 [PR554309] 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, PR554308>