National Union of Workers v Turi Foods Pty Ltd T/A Golden Farms

[2013] FWC 9630

[2013] FWC 9630

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
Turi Foods Pty Ltd T/A Golden Farms
(B2013/1533)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 6 DECEMBER 2013

Proposed protected action ballot by employees of Turi Foods Pty Ltd t/a Golden Farms.

[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 Turi Foods Pty Ltd trading as Golden Farms (the Employer).

[2] The application was heard by the Fair Work Commission (the Commission) on 6 December 2013. The Applicant indicated at that hearing that a log of claims had been served on the Employer on 19 September 2013. Since then the parties had met on four occasions and there had been four report back meetings to members. However, the parties were yet to reach agreement on several issues including wages, rostered day off arrangements and the use of third party services. Also, the Applicant further indicated its willingness to continue negotiations with the Employer.

[3] The Applicant also submitted that it had met the statutory requirements for the making of an order.

[4] The Employer opposed the application on the basis that the parties were still negotiating and it believed that a resolution was possible. When expressly asked by the Commission, the Employer indicated that it did consider that the Applicant was genuinely trying to reach agreement.

[5] On the basis of these submissions and the material before the Commission, I am satisfied that the statutory requirements have been met by the Applicant and that the Applicant has been, and is, genuinely trying to reach agreement. Accordingly, I will issue the order sought.

[6] The order [PR545455] is based on the draft provided by the Applicant and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

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<Price code A, PR545454>