Australian Workers' Union v TAD Pty Ltd

[2023] FWC 1679

[2023] FWC 1679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union
v

TAD Pty Ltd

(B2023/694)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 JULY 2023

Proposed protected action ballot of employees of TAD Pty Ltd

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

1. On 12 July 2023, the Commission was advised that the Respondent did not object to 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 declaration of Mr Fez Riches, AWU Organiser, setting out the steps taken by the AWU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with TAD, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.  

1. The ballot is to be conducted by the Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (12 July 2023) has been established by this Commission.[1] Noting that TAD expressed a preference for the ballot period to be made by reference to a particular day, I observe for clarification that in practice, the date by which voting in the protected action ballot is to close is 24 August 2023.  

1. An order has been separately issued in PR764119.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A conference and this Member will issue the Order requiring attendance at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] 1This is the minimum period required by the Australian Electoral Commission.

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