The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union v Toll Transport Pty Limited

[2019] FWC 8623

[2019] FWC 8623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union
v
Toll Transport Pty Limited
(B2019/1394)

VICE PRESIDENT CATANZARITI SYDNEY, 20 DECEMBER 2019

Proposed protected action ballot of employees of Toll Transport Pty Limited.

[1] This is an application by the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy 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 Toll Transport Pty Limited (Respondent).

[2] On 19 December 2019, the Fair Work Commission was advised that the Respondent 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 Robert Patchett 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 PR715485.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR715486>