The Australian Workers' Union v Cleanaway Operations Pty Ltd

[2022] FWC 522

[2022] FWC 522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union

v

Cleanaway Operations Pty Ltd

(B2022/169)

DEPUTY PRESIDENT CLANCY MELBOURNE, 8 MARCH 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. (the Respondent).

1. On 8 March 2022, my Associate 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 Shane Karger 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 PR739142.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR739141 >