United Workers' Union v Kellogg (Aust) Pty Ltd

[2020] FWC 5148

[2020] FWC 5148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Kellogg (Aust) Pty Ltd
(B2020/563)

VICE PRESIDENT CATANZARITI SYDNEY, 24 SEPTEMBER 2020

Proposed protected action ballot of employees of Kellogg (Aust) Pty 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 Kellogg (Aust) Pty Ltd (Respondent).

[2] On 23 September 2020, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Martin de Rooy of the Applicant declared on 22 September 2020, 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.

[5] An Order has been separately issued in PR723069.

VICE PRESIDENT

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