National Union of Workers v CHEP Australia Limited T/A CHEP Australia

[2019] FWC 2926

[2019] FWC 2926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
CHEP Australia Limited T/A CHEP Australia
(B2019/346)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 MAY 2019

Proposed protected action ballot of employees of CHEP Australia Limited.

[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 T/A CHEP Australia (Respondent).

[2] On 30 April 2019, my Associate was advised that the Respondent objected to the application on the basis that two of the proposed questions are not industrial action within the meaning of s.19 of the Act. The Applicant agreed to remove the two questions and then provided an updated Form F34 and Draft Order. The Respondent withdrew its objection on this basis.

[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 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.

[5] An order has been separately issued in PR707732.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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