Transport Workers' Union of Australia v Aldi Foods Pty Limited acting as General Partner of Aldi Stores (A Limited Partnership)

[2019] FWC 7751

[2019] FWC 7751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
ALDI Foods Pty Limited acting as General Partner of ALDI Stores (A Limited Partnership)
(B2019/1295)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 12 NOVEMBER 2019

Proposed protected action ballot of employees of ALDI Foods Pty Limited acting as General Partner of ALDI Stores (A Limited Partnership).

[1] This is an application by the Transport Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of ALDI Foods Pty Limited acting as General Partner of ALDI Stores (A Limited Partnership) (Respondent).

[2] On 11 November 2019, my Associate was advised by the Respondent that a ballot is to be conducted on 15-27 November 2019 for the employees to vote for the approval of the ALDI Derrimut Enterprise Agreement 2019 and the Respondent queried the utility of conducting a protected action ballot. Apart from drawing my attention to this, the Respondent advised that it did not wish to be heard further in relation to this matter. Utility is a discretionary consideration which does not arise if the requirements of s.443(1) are otherwise met.

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

[4] On the basis of the material before me, including the statutory declaration of Mr W Commerford 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 PR714230.

DEPUTY PRESIDENT

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