Community and Public Sector Union v Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater

[2021] FWC 4866

[2021] FWC 4866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Community and Public Sector Union
v
Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater
(B2021/632)

DEPUTY PRESIDENT CLANCY MELBOURNE, 9 AUGUST 2021

Proposed protected action ballot of employees of Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater.

[1] This is an application by the Community and Public Sector 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 Tasmanian Water & Sewage Corporation Pty Ltd T/A TasWater (Respondent).

[2] On 9 August 2021, my Associate was advised that the Respondent did not object to 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 declaration of Thirza White 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.

[5] An order has been separately issued in PR732623.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR732622>