The Australian Workers' Union v De Costi Seafoods Pty Ltd

[2020] FWC 6655

[2020] FWC 6655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
De Costi Seafoods Pty Ltd
(B2020/810)

VICE PRESIDENT CATANZARITI SYDNEY, 10 DECEMBER 2020

Proposed protected action ballot of employees of De Costi Seafoods Pty Ltd.

[1] This is an application by the Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of De Costi Seafoods Pty Ltd (Respondent).

[2] On 10 December 2020, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Christopher Donovan of the Applicant declared on 9 December 2020, 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 PR725330.

VICE PRESIDENT

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