National Union of Workers v Ridley AgriProducts Pty Ltd

[2014] FWC 5347

[2014] FWC 5347 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Ridley AgriProducts Pty Ltd
(B2014/1196)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 6 AUGUST 2014

Proposed protected action ballot of employees of Ridley AgriProducts Pty Ltd.

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

[2] The NUW has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on approximately seven occasions since 23 October 2013 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.

[3] On 5 August 2014 I was advised by Ms Andrea Salter, the Human Resources Business Partner of Ridley Corporation that the Respondent neither opposed nor consented to the NUW’s application for a protected action ballot order. An email was sent to Ms Salter asking if the Respondent disputed that the NUW was genuinely seeking to reach an agreement. In Ms Salter’s absence, Ms Judy Freeman, Senior Human Resources Business Partner, responded advising that the Respondent did not dispute that the NUW was genuinely trying to reach an agreement.

[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 [PR553989] 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, PR553988>