National Union of Workers v Cater Plus Pty Ltd T/A John Lewis Food Service

[2019] FWC 5542

[2019] FWC 5542

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Cater Plus Pty Ltd T/A John Lewis Food Service
(B2019/644)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 12 AUGUST 2019

Proposed protected action ballot of employees of Cater Plus Pty Ltd

[1] This decision concerns an application lodged on 8 August 2019 by the National Union of Workers (NUW or the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Cater Plus Pty Ltd T/A John Lewis Food Service (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Jess Holz of the NUW dated 8 August 2019, setting out the steps taken by it in bargaining with the Respondent and confirming that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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