Australian Workers' Union v Cleanaway Operations Pty Ltd

[2022] FWC 385

[2022] FWC 385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Workers’ Union
v

Cleanaway Operations Pty Ltd

(B2022/100)

DEPUTY PRESIDENT CLANCY MELBOURNE, 23 FEBRUARY 2022

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

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

1. On 22 February 2022, my Associate was advised that the Respondent objected to the application. The matter was listed for Mention before me at 3:30pm on 24 February 2022. The Respondent advised it would be willing to consent to the Application being granted if the Applicant would be willing to consent to the removal of the proposed industrial action outlined in question 6 of clause 5 of the proposed draft order. The Applicant subsequently consented to the removal of the question. As such, the parties were able to reach a consent position at the Mention.

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 declaration of Mr Michael Shane Hopgood 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.

1. An order has been separately issued in PR738673.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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