National Union of Workers v Nestle Australia Limited

[2018] FWC 6690

[2018] FWC 6690

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Nestle Australia Limited
(B2018/984)

DEPUTY PRESIDENT COLMAN MELBOURNE, 29 OCTOBER 2018

Proposed protected action ballot of employees of Nestle Australia Limited.

[1] This decision concerns an application by the National Union of Workers made under s 437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Nestle Australia Limited (company).

[2] On 29 October 2018, the company advised my associate that it did not object to the application.

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

[4] I have considered the application and statutory declaration of Mr Matt Toner, an Industrial Officer of the Applicant, setting out the steps taken by the Applicant to try to reach agreement with the company.

[5] 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 company, and that the other requirements for the making of a protected action ballot order have been met.

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

[7] An order has been separately issued in PR701871.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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