United Workers' Union v Ross Laboratories Australia Pty Ltd T/A Ross Laboratories

[2021] FWC 5070

[2021] FWC 5070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Ross Laboratories Australia Pty Ltd T/A Ross Laboratories
(B2021/675)

DEPUTY PRESIDENT CLANCY MELBOURNE, 17 AUGUST 2021

Proposed protected action ballot of employees of Ross Laboratories Australia Pty Ltd T/A Ross Laboratories.

[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 Ross Laboratories Australia Pty Ltd T/A Ross Laboratories (Respondent).

[2] The matter was listed for mention before me at 8:45am on 17 August 2021 where I was advised that the Respondent did not object to the application on a statutory basis.

[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 Lemmuel Leech 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 PR732889.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR732888>