Steven Giardullo v Transit (NSW) Services Pty Ltd

[2021] FWC 6494

[2021] FWC 6494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Steven Giardullo
v
Transit (NSW) Services Pty Ltd;
Transit Systems West Services Pty Ltd
(B2021/1086)

VICE PRESIDENT CATANZARITI SYDNEY, 2 DECEMBER 2021

Proposed protected action ballot of employees of Transit (NSW) Systems Pty Ltd and Transit Systems West Services Pty Ltd

[1] This is an application by Steven Giardullo (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 Transit (NSW) Systems Pty Ltd and Transit Systems West Services Pty Ltd (Respondents).

[2] The Fair Work Commission was advised that the Respondents 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 Steven Giardullo of the Applicant declared on 8 November 2021, setting out the steps taken by it in bargaining with the Respondents and that it has been, and is, genuinely trying to reach agreement with the Respondents, 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 PR736351 and PR736353 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR736352>