National Union of Workers v ePharmacy Group Pty Ltd

[2019] FWC 582

[2019] FWC 582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
ePharmacy Group Pty Ltd
(B2019/74)

DEPUTY PRESIDENT COLMAN MELBOURNE, 1 FEBRUARY 2019

Proposed protected action ballot of employees of ePharmacy Group Pty Ltd.

[1] This decision concerns an application by the National Union of Workers (the Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of ePharmacy Group Pty Ltd (the Respondent).

[2] On 31 January 2019, the Respondent advised my associate that it did not object to the application.

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

[4] I have considered the application and the statutory declaration of Mr Mathew Toner, an official of the National Union of Workers, which sets out the steps taken by the Applicant to try to reach agreement with the Respondent.

[5] I am satisfied that there is a notification time in relation to the proposed agreement, that the Applicant has been, and is, genuinely trying to reach agreement with the Respondent, and that the other requirements for the making of a protected action ballot order have been met.

[6] Accordingly, the Commission is required under s.443 of the Act to make a protected action ballot order.

[7] An Order has been separately issued in PR704457.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR704456>