Transport Workers' Union of Australia v Saputo Dairy Australia Pty Ltd

[2024] FWC 1830

[2024] FWC 1830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v

Saputo Dairy Australia Pty Ltd

(B2024/874)

COMMISSIONER WILSON MELBOURNE, 12 JULY 2024

Proposed protected action ballot of employees of Saputo Dairy Australia Pty Ltd

1. This is an application for a protected action ballot order by the Transport Workers' Union of Australia (TWU) in relation to certain employees employed by Saputo Dairy Australia Pty Ltd (the Respondent) whose employment is presently covered by the Saputo Dairy Australia Pty Ltd (Allansford) and Transport Workers Union Enterprise Agreement 2020[1], (the Agreement), the nominal expiry date of which was 31 March 2024.

1. The application is made pursuant to s.437 of the Fair Work Act 2009 (the Act).

1. On 11 July 2024, the Respondent notified the Commission that it objected to the TWU’s application on the grounds that the TWU had not met the requirements of section 437(3)(b) of the Fair Work Act, by failing to specify the nature of the industrial action in section 2.2 of their application. In response, later that day the TWU filed with the Commission an amended F34 application form, altering the ballot questions to address the Respondents concerns.

1. That afternoon, the Respondent notified the Commission that, as a result of the amendments made by the TWU to the F34, it no longer objected to the application.

1. In the circumstances and with consent of the parties, 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 Sam Lynch 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 PR776940.

COMMISSIONER

[1] AE515714.

Printed by authority of the Commonwealth Government Printer

<PR776941>