National Union of Workers v Yakult Australia Pty. Ltd

[2018] FWC 875

[2018] FWC 875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

National Union of Workers

v

Yakult Australia Pty. Ltd.

(B2018/82)

Deputy President Gostencnik MELBOURNE, 9 FEBRUARY 2018

Proposed protected action ballot of employees of Yakult Australia 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 Yakult Australia Pty. Ltd. (the Respondent).

1. On 8 February 2018 my associate was advised that the Respondent did not object to the application.

1. In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Mr D Melling of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An order has been separately issued in PR600275.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR600278>