National Union of Workers v Jalna Dairy Foods Pty Ltd

[2019] FWC 5790

[2019] FWC 5790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Jalna Dairy Foods Pty Ltd
(B2019/673)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 20 AUGUST 2019

Proposed protected action ballot of employees of Jalna Dairy Foods 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 Jalna Dairy Foods Pty Ltd (Respondent).

[2] On 20 August 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 Amber Gardner 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 PR711473.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR711517>