The Australian Workers' Union v Accolade Wines Australia Ltd T/A Accolade Wines

[2021] FWC 5405

[2021] FWC 5405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Accolade Wines Australia Ltd T/A Accolade Wines
(B2021/756)

DEPUTY PRESIDENT CLANCY MELBOURNE, 1 SEPTEMBER 2021

Proposed protected action ballot of employees of Accolade Wines Australia Ltd T/A Accolade Wines.

[1] This is an application by the Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Accolade Wines Australia Ltd T/A Accolade Wines (Respondent).

[2] On 31 August 2021, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr Scott Martin 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.

[5] An order has been separately issued in PR733373.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR733372>