National Union of Workers v United Imports and Exports Co Pty Ltd T/A Bidvest Sydney

[2015] FWC 6869

[2015] FWC 6869

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
United Imports and Exports Co Pty Ltd T/A Bidvest Sydney
(B2015/1376)

DEPUTY PRESIDENT BULL SYDNEY, 6 OCTOBER 2015

Proposed protected action ballot of employees of United Imports & Exports Co Pty Ltd t/as Bidvest Sydney.

[1] On 2 October 2015, an application pursuant to s.437 of the Fair Work Act 2009 (theAct) was filed by the National Union of Workers (NUW) for a protected action ballot order in relation to certain employees of United Imports & Exports Co Pty Ltd (Bidvest/employer).

[2] The employees to be balloted are those employees of Bidvest who are members of the NUW and for whom the NUW is a bargaining representative and who work at 67-69 Mandoon Road, Giraween NSW 2145.

[3] Mr David D’Arcy, an industrial relations advocate for Bidvest advised the Fair Work Commission (the Commission) on 6 October 2015, that the employer does not oppose the NUW’s application. On the basis that Bidvest does not oppose the issue of the order on the terms sought by the NUW, I have determined the matter on the basis of the documentation filed.

[4] In support of its application, the NUW filed a statement made by Bruno Mendonca (dated 1 October 2015) Union Organiser for the NUW and representative for members of the NUW employed by Bidvest. Mr Mendonca’s statement advises that the current enterprise agreement – Bidvest Sydney Warehouse Enterprise Agreement 2013 expired on 1 September 2015, and that a number of negotiations and discussions have been convened between Bidvest and NUW delegates in the negotiating of a new replacement agreement. These include meetings being held on:

1. 3 August 2015

2. 25 August 2015;

3. 1 September 2015;

4. 9 September 2015; and

5. 30 September 2015.

[5] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the NUW, that the NUW has been and is, genuinely trying to reach an agreement with the employer, being United Imports & Exports Co Pty Ltd.

[6] Having regard to the evidence before me, I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the Order must be made.

[7] An order [PR572616] based on the draft order provided by the NUW is issued in conjunction with this decision.

DEPUTY PRESIDENT

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<Price code A , PR572615>