ENTERPRISE BARGAINING – protected action ballot – ss.437, 443 Fair Work Act 2009 – application for a protected action ballot order (PABO) – proposed protected action ballot of employees of AB Oxford Cold Storage Company P/L (Oxford) – National Union of Workers (NUW) bound by 2014 Agreement – NUW applied for PABO and Oxford advanced three objections including that NUW has not been and is not genuinely trying to reach agreement and that NUW has extraneous intention in seeking PABO – log of claims and issues discussed at bargaining meetings in dispute – Commission noted that although NUW may not have been actively trying to reach an agreement of late, this does not mean its efforts have not been or are not genuine – found no evidence NUW filed application for extraneous intentions – issue of nonpermitted matters and Esso Australia P/L v AMWU considered – Commission satisfied NUW has been and is genuinely trying to reach agreement with Oxford – restrictions on making an application under ss.437 and 438 not applicable – other statutory criteria have been met – PABO made. National Union of Workers v AB Oxford Cold Storage P/L
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