National Union of Workers v Farm Pride Foods Limited

[2013] FWC 8057

[2013] FWC 8057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Farm Pride Foods Limited
(B2013/1311)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 15 OCTOBER 2013

Proposed protected action ballot by employees of Farm Pride Foods Limited.

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

[2] The NUW has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately four occasions since September 2013 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement

[3] On 11 October 2013 I was advised by Mr Gerry Vullings, Operations Manager of the Respondent, that it was aware of the application and would not oppose the application. In doing so, the Respondent did not challenge that the NUW had been and was genuinely trying to reach agreement.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR543257] is based on the draft order provided by the NUW and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

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<Price code A, PR543256>