National Union of Workers v Vitasoy Australia Products Pty Ltd

[2011] FWA 5390

[2011] FWA 5390

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

National Union of Workers
v
Vitasoy Australia Products Pty Ltd
(B2011/3262)

COMMISSIONER RYAN MELBOURNE, 12 AUGUST 2011

Proposed protected action ballot by employees of Vitasoy Australia Products Pty Ltd.

[1] This is an application for a protected action ballot of members of the National Union of Workers (NUW) employed by Vitasoy Australia Products Pty Ltd (Vitasoy) at its workplace in Victoria.

[2] This application was filed by the NUW on 10 August 2011.

[3] On 12 August 2011 Mr Adam Portelli, an Official of the NUW emailed my chambers advising that he had spoken with the company’s representative and had been advised that Vitasoy does not oppose this application.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order based on the draft order provided by the NUW has issued in conjunction with this decision.

COMMISSIONER

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