Transport Workers' Union of Australia New South Wales Branch v Hurd Haulage Pty Ltd T/A Hy-Tec Concrete and Aggregates

[2019] FWC 4051

[2019] FWC 4051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia – New South Wales Branch
v
Hurd Haulage Pty Ltd T/A Hy-Tec Concrete and Aggregates
(B2019/458)

VICE PRESIDENT CATANZARITI DARWIN, 13 JUNE 2019

Proposed protected action ballot of employees of Hurd Haulage Pty Ltd T/A Hy-Tec Industries.

[1] This is an application by the Transport Workers’ Union of Australia – New South Wales Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Hurd Haulage Pty Ltd T/A Hy-Tec Concrete and Aggregates (Respondent).

[2] On 11 June 2019, the Fair Work Commission was advised that the Respondent does 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 Ray Fitzpatrick 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 PR709246.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR709247>