National Union of Workers v Metcash Trading Limited

[2019] FWC 6442

[2019] FWC 6442

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Metcash Trading Limited
(B2019/776)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 16 SEPTEMBER 2019

Proposed protected action ballot of employees of Metcash Trading Limited.

[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 Metcash Trading Limited (Respondent).

[2] On 16 September 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 Mr D Mujkic 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 PR712443

DEPUTY PRESIDENT

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<PR712442>