The Australian Workers' Union v Visy Packaging Pty Ltd

[2013] FWC 9279

[2013] FWC 9279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Visy Packaging Pty Ltd
(B2013/1495)

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 26 NOVEMBER 2013

Proposed protected action ballot by employees of Visy Packaging 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 Visy Packaging Pty Ltd (the respondent).

[2] The AWU has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on four occasions since September 2013 in an effort to negotiate the terms of an enterprise agreement and, whilst progress has been made, the parties are unable to reach agreement.

[3] On 24 November 2013 I was advised by Ms Jo Nyhof, the National Employee Relations Manager of Visy, that it was aware of the application and would not oppose the application. In doing so, the respondent did not challenge that the AWU had been and was genuinely trying to reach agreement.

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

[5]
On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR544992] is based on the draft order provided by the AWU and it will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A,   PR544991>