Australian Institute of Marine and Power Engineers, The v Toll Transport Pty Ltd

[2021] FWC 135

[2021] FWC 135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Institute of Marine and Power Engineers, The
v
Toll Transport Pty Ltd
(B2021/12)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 13 JANUARY 2021

Proposed protected action ballot of employees of Toll Transport Pty Ltd.

[1] This is an application by the Australian Institute of Marine and Power Engineers (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Toll Transport Pty Ltd (Respondent).

[2] On 12 January 2021, 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 declaration of Mr N Niven 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 PR726120.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR726119>