Shop, Distributive and Allied Employees Association v Metcash Trading Limited (the holding company of Australian Liquor Marketers Pty Ltd) T/A Australian Liquor Marketers

[2018] FWC 3540

[2018] FWC 3540

FAIR WORK COMMISSION

DECISION

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

Shop, Distributive and Allied Employees Association
v
Metcash Trading Limited (the holding company of Australian Liquor Marketers Pty Ltd) T/A Australian Liquor Marketers
(B2018/477)

COMMISSIONER HAMPTON ADELAIDE, 18 JUNE 2018

Proposed protected action ballot of employees of Metcash Trading Limited (the holding company of Australian Liquor Marketers Pty Ltd) T/A Australian Liquor Marketers.

[1] This is an application by The Shop, Distributive and Allied Employees Association (the SDA) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Metcash Trading Limited (the holding company of Australian Liquor Marketers Pty Ltd) T/A Australian Liquor Marketers (Metcash Trading).

[2] On 15 June 2018, the Commission wrote to Metcash Trading seeking its position on the application and requested advice if the matter was to be contested. The Commission has subsequently been advised that Metcash Trading does not oppose the application.

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

[4] I have considered all of the material before me, including the statutory declaration of Mr Joshua Peak of the SDA setting out the steps taken by it in bargaining with Metcash Trading and confirming that it has been, and is, genuinely trying to reach agreement with the respondent employer. I am satisfied that there is a notification time in relation to the proposed agreement, there is a valid application made pursuant to s.437, and that all of the requirements in s.443(1) of the Act have been met. Accordingly, I am obliged to issue an order in this matter.

[5] An order in conformity with the Act is being issued in conjunction with this decision. 1

COMMISSIONER

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