United Workers' Union v Harvey Fresh (1994) Ltd

[2022] FWC 2061

[2022] FWC 2061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Harvey Fresh (1994) Ltd

(B2022/1164)

VICE PRESIDENT CATANZARITI SYDNEY, 3 AUGUST 2022

Proposed protected action ballot of employees of Harvey Fresh (1994) Ltd

1. This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Harvey Fresh (1994) Ltd (Respondent).

1. On 2 August 2022, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Louise Dillon of the Applicant declared on 29 July 2022, 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 PR744483.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR744484>