Transport Workers' Union of Australia v Parmalat Australia Pty Ltd

[2015] FWC 7229

[2015] FWC 7229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Parmalat Australia Pty Ltd
(B2015/1469)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 21 OCTOBER 2015

Proposed protected action ballot of employees of Parmalat Australia Pty Ltd.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Transport Workers’ Union of Australia (TWU). It seeks a protected action ballot order in relation to certain employees of Parmalat Australia Pty Ltd (Parmalat).

[2] Parmalat advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the TWU filed a statement. The statement was made by Jelena Cindric, an official of the TWU, New South Wales Branch. The statement was dated 13 October 2015.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the TWU, that the TWU has been and is, genuinely trying to reach an agreement with Parmalat.

[5] An order [PR573123] based on the draft order provided by the TWU is issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR573121>