National Union of Workers v PMFresh Pty Ltd

[2019] FWC 6375

[2019] FWC 6375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
PMFresh Pty Ltd
(B2019/762)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 12 SEPTEMBER 2019

Proposed protected action ballot of employees of PMFresh 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 PMFresh Pty Ltd (Respondent).

[2] On 11 September 2019, my Associate was advised that the Respondent objected to the application on the basis that the application has been made prematurely or unnecessarily given the progress being made by the parties in bargaining.

[3] In the circumstances, the matter was listed for hearing on 12 September 2019. At the hearing, the Respondent advised it no longer pressed its objection and I advised that the matter would be determined on the papers.

[4] On the basis of the material before me, including the statutory declaration of Mr A Giles 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 PR712359.

DEPUTY PRESIDENT

Appearances:

D Melling for the National Union of Workers.

S McCarthy for PMFresh Pty Ltd.

Hearing details:

2019.

Melbourne and Brisbane (by video):

September 12.

Printed by authority of the Commonwealth Government Printer

<PR712358>