United Workers Union v Kerry Ingredients Australia Pty Ltd

[2021] FWC 407

[2021] FWC 407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers Union
v
Kerry Ingredients Australia Pty Ltd
(B2021/32)

DEPUTY PRESIDENT DEAN SYDNEY, 28 JANUARY 2021

Proposed protected action ballot of employees of Kerry Ingredients Australia Pty Ltd.

[1] This is an application by the United Workers’ Union (UWU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Kerry Ingredients Australia Pty Ltd (Respondent).

[2] On 28 January 2021, 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 declaration of Martin de Rooy of the UWU 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] The Applicant also sought that Democratic Outcomes Pty Ltd trading as CiVS (CiVS) be appointed as the ballot agent for the protected action ballot. Having considered the statutory declaration provided by Mr Michael M Michael, Managing Director of CiVS, I am satisfied that he is a fit and proper person to conduct the ballot and that the requirements prescribed by Regulation 3.11 of the Fair Work Regulations 2009 are met. Accordingly, CiVS is to be the protected action ballot agent to conduct the ballot.

[6] An Order has been separately issued in PR726471.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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