National Union of Workers v Ricegrowers Limited

[2014] FWC 5039

[2014] FWC 5039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Ricegrowers Limited
(B2014/988)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 25 JULY 2014

Proposed protected action ballot of employees of Ricegrowers Ltd.

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

[2] The National Union of Workers has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately four occasions for varying periods of up to three days since 26 February 2014 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement. A further meeting occurred on 23 July 2014.

[3] On 25 July 2014 I was advised by Mr Liam Burns, Senior Human Resources Manager that the Respondent will not oppose the application made by the NUW. In doing so, the Respondent did not challenge that the NUW had been and was genuinely trying to reach agreement in respect of either site.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR553572] is based on the draft order provided by the NUW and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR553571>