United Workers' Union v Coles Group Supply Chain Pty Ltd

[2019] FWC 7640

[2019] FWC 7640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Coles Group Supply Chain Pty Ltd
(B2019/1270)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 15 NOVEMBER 2019

Proposed protected action ballot of employees of Coles Group Supply Chain 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 Coles Group Supply Chain Pty Ltd (Respondent).

[2] On 6 November 2019, my Associate was advised that the Respondent objected to the application on the basis that there has been no notification time in relation to the proposed enterprise agreement.

[3] In the circumstances, the matter was listed for a directions hearing on 8 November 2019 where directions were issued and the matter was programmed for a hearing on 14 November 2019. At the conclusion of the hearing, I advised the parties that I would announce my decision after reviewing the transcript and issue the reasons for my decision at a later date.

[4] Pursuant to s.437(2A) of the Act, an application for a protected action ballot order cannot be made unless there has been a notification time in relation to the proposed enterprise agreement. Taking into account the evidence given in the matter, I am not persuaded that there has been a notification time in relation to the proposed enterprise agreement.

[5] Therefore, the application is dismissed. Reasons for my decision will follow in due course.

DEPUTY PRESIDENT

Appearances:

R Payne for the Applicant.

N Barkatsas for the Respondent.

Hearing details:

2019.

Melbourne:

November 14.

Printed by authority of the Commonwealth Government Printer

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