Transport Workers' Union of Australia (NSW Branch) v Lion Dairy and Drinks Pty Ltd T/A Lion

[2020] FWC 4549

[2020] FWC 4549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia (NSW Branch)
v
Lion Dairy and Drinks Pty Ltd T/A Lion
(B2020/466)

VICE PRESIDENT CATANZARITI SYDNEY, 28 AUGUST 2020

Proposed protected action ballot of employees of Lion Dairy and Drinks Pty Ltd T/A Lion.

[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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Lion Dairy and Drinks Pty Ltd T/A Lion (Respondent).

[2] On 26 August 2020, the Fair Work Commission was advised that the Respondent did not oppose the application, on the basis of the following undertaking provided by the Applicant:

The TWU undertakes not to observe bans on data/paperwork which is related to COVID-19 and therefore the safety of the site.

[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 Mark Smallwood of the Applicant declared on 25 August 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 PR722212.

VICE PRESIDENT

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