The Australian Workers' Union v HS Fresh Food Pty Ltd T/A HS Fresh Food

[2021] FWC 6015

[2021] FWC 6015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers' Union
v
HS Fresh Food Pty Ltd T/A HS Fresh Food
(B2021/921)

DEPUTY PRESIDENT CLANCY MELBOURNE, 30 SEPTEMBER 2021

Proposed protected action ballot of employees of HS Fresh Food Pty Ltd T/A HS Fresh Food.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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 HS Fresh Food Pty Ltd T/A HS Fresh Food (Respondent).

[2] On 29 September 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 Danny Mundey 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 PR734410.

DEPUTY PRESIDENT

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