United Workers' Union v Bega Dairy and Drinks Pty Ltd

[2021] FWC 1949

[2021] FWC 1949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Bega Dairy and Drinks Pty Ltd
(B2021/243)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 12 APRIL 2021

Proposed protected action ballot of employees of Bega Dairy and Drinks Pty Ltd.

[1] This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Bega Dairy and Drinks Pty Ltd (Respondent).

[2] On 9 April 2021, my Associate was advised that the Respondent did not object to the application, subject to an undertaking by the Applicant being forwarded by email to the Commission in respect to question 6 of paragraph 5 of the Order referred to in [6].

[3] On 12 April 2021, my Associate was advised by the Applicant that it undertakes not to observe any bans on data/paperwork which are related to the COVID-19 pandemic and related safety of the site as part of any employee claim action. 

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

[5] On the basis of the material before me, including the declaration of Mr Liam Orr 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.

[6] An order has been separately issued in PR728514.

DEPUTY PRESIDENT

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