United Workers' Union v DuluxGroup Australia Pty Ltd T/A Dulux Merrifield

[2022] FWC 1366

[2022] FWC 1366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

DuluxGroup Australia Pty Ltd T/A Dulux Merrifield

(B2022/483)

DEPUTY PRESIDENT CLANCY MELBOURNE, 31 MAY 2022

Proposed protected action ballot of employees of DuluxGroup Australia Pty Ltd T/A Dulux Merrifield

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 DuluxGroup Australia Pty Ltd T/A Dulux Merrifield (the Respondent).

1. On 31 May 2022, my Associate was advised that the Respondent did not object to the application.

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

1. On the basis of the material before me, including the declaration of Mr Godfrey Moase 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.

1. An order has been separately issued in PR742166.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR742165>