National Union of Workers v Fenner Dunlop Australia Pty Ltd

[2019] FWC 5497

[2019] FWC 5497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Fenner Dunlop Australia Pty Ltd
(B2019/620)

COMMISSIONER YILMAZ MELBOURNE, 7 AUGUST 2019

Proposed protected action ballot of employees of Fenner Dunlop Australia Pty Ltd.

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

[2] On 6 August 2019, the Respondent initially advised the Commission that it wished to be heard on the issue of whether the Applicant has been genuinely trying to reach agreement. However, on 7 August 2019, the Respondent advised in writing that it has reviewed its options in respect to the application and withdraws its objection and request to be heard.

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

[4] The statutory declaration of Ms Shara Teo of the Applicant sets out the steps taken by the Applicant in bargaining with the Respondent and that the Applicant has been, and is genuinely trying to reach agreement with the Respondent. On the basis of all the material that is before me, 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 PR711116.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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