Transport Workers' Union of Australia-New South Wales Branch v Parmalat Australia Pty Ltd T/A Parmalat

[2018] FWC 4541

[2018] FWC 4541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia-New South Wales Branch

v

Parmalat Australia Pty Ltd T/A Parmalat

(B2018/668)

Deputy President Gostencnik MELBOURNE, 2 AUGUST 2018

Proposed protected action ballot of employees of Parmalat Australia Pty Ltd T/A Parmalat.

1. This is an application by the Transport Workers’ Union of Australia - NSW Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Parmalat Australia Pty Ltd T/A Parmalat (Respondent).

1. On 1 August 2018 my associate was advised that the Respondent did not object to the application.

1. In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Mr M Smallwood 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.

1. An order has been separately issued in PR609638.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR609637>