United Workers' Union v Pernod Ricard Winemakers Pty Ltd

[2021] FWC 2007

[2021] FWC 2007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Pernod Ricard Winemakers Pty Ltd
(B2021/249)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 13 APRIL 2021

Proposed protected action ballot of employees of Pernod Ricard Winemakers 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 Pernod Ricard Winemakers Pty Ltd (Respondent).

[2] Although the Respondent advised my chambers that it objected to the application, it was unable to advance a proper basis for doing so. The matters it raised are not matter which would permit me to refuse 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 Ms Anne Purdy 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 PR728581.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR728580>