National Union of Workers v Yakult Australia Pty Ltd

[2016] FWC 977

[2016] FWC 977

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
(B2016/268)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 12 FEBRUARY 2016

Proposed protected action ballot of employees of Yakult Australia 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).

[2] At the hearing before me on 11 February 2016 the Respondent advised that it did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Ms H Miflin of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.
[5] An order has been separately issued in PR577027.

DEPUTY PRESIDENT

Appearances:

Ms H Miflin for the National Union of Workers

Ms T Tan for Yakult Australia Ltd

Hearing details:

Melbourne.

2016.

February 11.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR577045>