United Workers' Union v McCain Foods (Aust) Pty Ltd

[2019] FWC 7740

[2019] FWC 7740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
McCain Foods (Aust) Pty Ltd
(B2019/1298)

DEPUTY PRESIDENT DEAN SYDNEY, 11 NOVEMBER 2019

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

[2] On 11 November 2019, 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 Tom Sayers of the UWU, declared on 31 October 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR714216.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR714215>