United Workers' Union v Linfox Australia Pty Ltd

[2022] FWC 1674

[2022] FWC 1674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Linfox Australia Pty Ltd

(B2022/617)

DEPUTY PRESIDENT CLANCY MELBOURNE, 29 JUNE 2022

Proposed protected action ballot of employees of Linfox Australia 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 Linfox Australia Pty Ltd (the Respondent).

1. The Respondent initially advised my Chambers that it did not object to the protected action ballot order being made. However, it raised a concern in relation to the form and content of the order, specifically the industrial action identified in questions 3 and 4 of the proposed order. The Respondent also sought an extension of the notice period required for the taking of industrial action from 3 working days to 7 working days (subject to the Commission being satisfied it is appropriate to extend the notice period). I determined a Mention should be conducted, during which I discussed the above matters with the parties and others subsequently raised.

1. During the Mention, the Applicant consented to an extension of the notice period required for the taking of industrial action from 3 working days to 7 working days and the Respondent withdrew its objection with respect to the industrial action identified in questions 3 and 4 of the proposed order.

1. With the Mention having resolved the various matters raised by the parties, I have proceeded 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 Ian William Madgwick 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 PR743194.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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