United Voice v DuluxGroup (Australia) Pty Ltd T/A Dulux Powder and Industrial Coatings

[2017] FWC 3940

[2017] FWC 3940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Voice
v
DuluxGroup (Australia) Pty Ltd T/A Dulux Powder and Industrial Coatings
(B2017/623)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 27 JULY 2017

Proposed protected action ballot of employees of DuluxGroup (Australia) Pty Ltd T/A Dulux Powder and Industrial Coatings.

[1] This is an application by United Voice (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of DuluxGroup (Australia) Pty Ltd T/As Dulux Powder and Industrial Coatings (the Respondent).

[2] On 26 July 2017 my associate was advised that the Respondent did not object to the application.

[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 D Robson 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 PR594888.

DEPUTY PRESIDENT

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<Price code A, PR594889>