United Voice v The South Australian Brewing Company Pty Ltd T/A Lion West End Brewery

[2017] FWC 5064

[2017] FWC 5064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

United Voice
v
The South Australian Brewing Company Pty Ltd T/A Lion West End Brewery
(B2017/894)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 29 SEPTEMBER 2017

Proposed protected action ballot of employees of The South Australian Brewing Company Pty Ltd T/A Lion West End Brewery

[1] This is an application dated 27 September 2017 United Voice (the Applicant) made under section 437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of The South Australian Brewing Company Pty Ltd T/A Lion West End Brewery.

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated.

[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 and statement of Mr Boyd MacRae of the Applicant dated 27 September 2017 setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the Act.

[6] An order in conformity with the Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

 1   PR596456

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