National Union of Workers v Tatura Milk Industries Limited

[2016] FWC 4387

[2016] FWC 4387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Tatura Milk Industries Limited
(B2016/658)

COMMISSIONER RYAN MELBOURNE, 1 JULY 2016

Proposed protected action ballot of employees of Tatura Milk Industries Limited.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by National Union of Workers (NUW) for a protected action ballot order in relation to employees of Tatura Milk Industries Limited (the Respondent). The application was made on 24 June 2016.

[2] The Respondent objected to one of the questions proposed by the NUW in its application:

“An unlimited number bans on paperwork of indefinite duration?”

[3] The NUW sought leave to amend its application and draft order so as to remove that question. The Commission has permitted the NUW to amend its application and draft order.

[4] The Respondent advised the Commission that the application, as amended, was not opposed.

[5] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and
(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[6] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the NUW, so amended.

COMMISSIONER

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