Transport Workers' Union of Australia

[2015] FWC 8240

[2015] FWC 8240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
(B2015/1659)

DEPUTY PRESIDENT ASBURY BRISBANE, 27 NOVEMBER 2015

Proposed protected action ballot of employees of Transpacific Industries Pty Ltd.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Transport Workers' Union of Australia (the TWU). The TWU seeks a protected action ballot order in relation to certain employees of Transpacific Industries Pty Ltd (the Employer).

[2] On 27 November 2015 my Associate, at my request, wrote to the Employer requesting its view in relation to the application. The Employer has advised that it does not object to the proposed orders sought by the TWU, in the terms sought.

[3] The TWU has filed a Statement of Mr Troy Fernandez in support of the application. Mr Fernandez is an organiser with the Queensland Branch of the TWU and is the officer of the TWU who has responsibility for enterprise agreement negotiations involving the Employer.

[4] On the basis of the information contained in Mr Fernandez’s Statement and the application I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR574506] based on the draft provided by the TWU will issue at the same time as this decision.

DEPUTY PRESIDENT

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