National Union of Workers v Graincorp Foods Australia Pty Ltd

[2018] FWC 881

[2018] FWC 881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

National Union of Workers
v
Graincorp Foods Australia Pty Ltd
(B2018/73)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 9 FEBRUARY 2018

Proposed protected action ballot of employees of Graincorp Foods Australia Pty Ltd.

[1] This is an application by the National Union of Workers (the 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 Graincorp Foods Australia Pty Ltd.

[2] On 7 February 2018 my associate was advised that the Respondent did not object to the application on the basis of an amendment being made to item 3 of the proposed order. On the same day, my associate wrote to the Applicant seeking its views with respect to an amendment being made to item 3 of the proposed order. On the same day, the Applicant advised that it was not opposed to making the amendment proposed by the Respondent and attached an amended copy of the draft order and 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 I Beynon 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 PR600283.

DEPUTY PRESIDENT

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