Australian Rail, Tram and Bus Industry Union v Pacific National Services Pty Ltd T/A Pacific National

[2022] FWC 1095

[2022] FWC 1095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v

Pacific National Services Pty Ltd T/A Pacific National

(B2022/409)

VICE PRESIDENT CATANZARITI MELBOURNE, 10 MAY 2022

Proposed protected action ballot of employees of Pacific National

1. This is an application by the Australian Rail, Tram and Bus Industry Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Pacific National Services Pty Ltd T/A Pacific National (Respondent).

1. On 10 May 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Gregory Cameron of the Applicant declared on 6 May 2022, 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.

1. An Order and Directions have been separately issued in PR741414 and PR741416 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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