National Union of Workers v Swire Cold Storage Pty Ltd

[2017] FWC 5017

[2017] FWC 5017

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Swire Cold Storage Pty Ltd
(B2017/874)

DEPUTY PRESIDENT COLMAN MELBOURNE, 27 SEPTEMBER 2017

Proposed protected action ballot of employees of Swire Cold Storage Pty Ltd.

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

[2] On 26 September 2017, the Respondent 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 the statutory declaration of Ms Claire Lewis, an Organiser of the Applicant, setting out the steps taken by the Applicant to try to reach agreement with the Respondent.

[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 Respondent, 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 PR596398.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR596397>