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[2016] FWC 3686
procedural. Protected action ballot order made (issued separately in PR581325)
1 cited instrument linked from this judgment.
The National Union of Workers applied to the Fair Work Commission for permission to hold a protected action ballot (a vote on whether to take industrial action) for employees of GrainCorp Oilseeds. GrainCorp did not oppose the application, so the Commission decided the matter based on written documents without holding a hearing. The Commission was satisfied that the union had been genuinely trying to negotiate with the company, based on a sworn statement from a union official. The Commission therefore granted the order allowing the ballot to proceed.
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s.437 - Application for a protected action ballot order
Proposed protected action ballot of employees of GrainCorp Oilseeds Pty Ltd.
[1] This is an application by the National Union of Workers (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of GrainCorp Oilseeds Pty Ltd (the Respondent).
[2] On 9 June 2016 my associate was advised that the Respondent did not object to the application.
[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.
[4] On the basis of the material before me, including the statutory declaration of Ms H Miflin of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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 PR581325.
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Protected action ballot order made (issued separately in PR581325)