National Union of Workers v Nestlé Australia Ltd

[2019] FWC 6260

[2019] FWC 6260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Nestlé Australia Ltd
(B2019/748)

DEPUTY PRESIDENT DEAN SYDNEY, 9 SEPTEMBER 2019

Proposed protected action ballot of employees of Nestlé Australia Ltd.

[1] This is an application by the National Union of Workers (NUW) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Nestlé Australia Ltd (Respondent).

[2] On 9 September 2019, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Garry Cripps of the NUW declared on 5 September 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR712139.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR712138>