National Union of Workers v Emergent Cold Pty Ltd

[2019] FWC 4652

[2019] FWC 4652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Emergent Cold Pty Ltd
(B2019/519)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 3 JULY 2019

Proposed protected action ballot of employees of Emergent Cold Pty Ltd.

[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 Emergent Cold Pty Ltd (Respondent).

[2] On 3 July 2019, my Associate was advised that the Respondent did not object to the application.

[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 Ms Anna Thwaites 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 PR710008.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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