Australian Workers' Union, The v Cleanaway Operations Pty Ltd

[2021] FWC 485

[2021] FWC 485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Cleanaway Operations Pty Ltd
(B2021/24)

DEPUTY PRESIDENT DEAN SYDNEY, 2 FEBRUARY 2021

Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd.

[1] This is an application by the Australian Workers’ Union made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Industrial Cleanaway Operations Pty Ltd (Respondent).

[2] The application was initially opposed by the Respondent. On 2 February 2021 the Commission was advised of the Respondent’s withdrawal of the objection.

[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 Ben Horan of the AWU made on 20 January 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR726568.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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