Australian Rail, Tram and Bus Industry Union v Transdev Australia Pty Ltd T/A Transdev Sydney

[2021] FWC 6210

[2021] FWC 6210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v
Transdev Australia Pty Ltd T/A Transdev Sydney
(B2021/1024)

VICE PRESIDENT CATANZARITI SYDNEY, 27 OCTOBER 2021

Proposed protected action ballot of employees of Transdev Sydney Pty Ltd

[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 Transdev Australia Pty Ltd T/A Transdev Sydney (Respondent).

[2] On 22 October 2021, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Daniel Jaggers of the Applicant declared on 21 October 2021, 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 and Directions have been separately issued in PR735259 and PR735263 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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