The Australian Workers' Union v Freshzest Pty Ltd

[2016] FWC 6650

[2016] FWC 6650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Freshzest Pty Ltd
(B2016/1002)

COMMISSIONER CIRKOVIC MELBOURNE, 15 SEPTEMBER 2016

Proposed protected action ballot of employees of Freshzest Pty Ltd.

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

[2] The AWU filed a statutory declaration of Samuel McNeill addressing the statutory grounds. The statutory declaration makes it clear that the parties have met on approximately eight occasions since 13 April 2016, including twice before the Commission, in an effort to negotiate the terms of an enterprise agreement and that agreement has not been reached on any substantial issue.

[3] On 13 September 2016 my chambers contacted the Respondent by email to determine whether they object to the AWU’s application. The Respondent advised via email that they viewed the application as premature and unnecessary, however confirmed that it did not formally oppose the AWU’s application.

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. On the basis of the material before me, including the statutory declaration, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order PR 585460 is based on draft order provided by the AWU and will be issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR585459>