National Union of Workers v Linfox Australia Pty Ltd

[2017] FWC 6507

[2017] FWC 6507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

National Union of Workers

v

Linfox Australia Pty Ltd

(B2017/1167)

Deputy President Colman MELBOURNE, 6 DECEMBER 2017

Proposed protected action ballot of employees of Linfox Australia 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 Linfox Australia Pty Ltd (the Respondent).

1. On 5 December 2017, the Respondent advised my associate that it objected to the application. I listed the matter for hearing on 6 December 2017.

1. At the hearing, the Respondent explained that its objection was confined to the question of the scope of the group of employees to be balloted, and to clause 3 of the Draft Order. It contended that the application appeared properly to relate only to its employees working at the Coles Regional Distribution Centre in Truganina, Victoria. In this regard, one of the issues between the parties in bargaining concerns the NUW’s pursuit of a site-specific agreement at Truganina, and the company’s claim for a national agreement. The Applicant confirmed that its application sought only to ballot employees of the Respondent at the Coles Regional Distribution Centre in Truganina, Victoria and confirmed that it agreed to amend the Draft Order accordingly.

1. I have considered the application and the statutory declaration of Ms Alycia Economidis, an Organiser of the Applicant, setting out the steps taken by the Applicant to try to reach agreement with the Respondent.

1. 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.

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

1. An order has been separately issued in PR598432.

DEPUTY PRESIDENT

Appearances:

Mr D. Mujkic for the NUW

Mr K. Blake for Linfox Australia Pty Ltd 

Hearing details:

2017

Melbourne

6 December

Printed by authority of the Commonwealth Government Printer

<Price code A, PR598434>