National Union of Workers v Chep Australia Limited

[2019] FWC 3565

[2019] FWC 3565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
CHEP Australia Limited
(B2019/408)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 23 MAY 2019

Proposed protected action ballot of employees of CHEP Australia Limited at Altona.

[1] This is an application by the National Union of Workers (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of CHEP Australia Limited (Respondent).

[2] On 22 May 2019, my Associate was advised that the Respondent objected to the inclusion of questions 12 and 14 in the application/draft order on the basis that the actions in those questions are not industrial action within the meaning of s.19 of the Act.

[3] On 22 May 2019, the Applicant was asked to provide their views to the Respondent’s objection.

[4] On 23 May 2019, the Applicant advised that it was content for the order to be granted without including questions 12 and 14.

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

[6] On the basis of the material before me, including the statutory declaration of Mr Rowan Payne of the Applicant setting out the steps taken by it in bargaining with the Respondent and 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 s.443(1) of the Act have been met.

[7] An order has been separately issued in PR708615.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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