United Workers' Union v DGL Logistics Pty Ltd

[2019] FWC 7834

[2019] FWC 7834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
DGL Logistics Pty Ltd
(B2019/1304)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 15 NOVEMBER 2019

Proposed protected action ballot of employees of DGL Logistics 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 DGL Logistics Pty Ltd (Respondent).

[2] On 13 November 2019, my Associate was advised that the Respondent objected to the application. In the circumstances, I listed the matter for a directions hearing on 14 November 2019. On 15 November 2019, the Respondent withdrew its objection.

[3] On the basis of the material before me, including the statutory declaration of Ms A Thwaites 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.

[4] An order has been separately issued in PR714343.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR714342>