United Workers' Union v Nestle Australia Ltd

[2019] FWC 8539

[2019] FWC 8539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Nestle Australia Ltd
(B2019/1395)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 18 DECEMBER 2019

Proposed protected action ballot of employees of Nestle Australia 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 Nestle Australia Ltd (Respondent).

[2] On 17 December 2019, my Associate was advised that the Respondent did not object to 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 Mr T Czech 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.

[5] An order has been separately issued in PR715372.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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