Transport Workers' Union of Australia NSW Branch v Ingleburn Bus Service Pty Ltd T/A Interline Bus Service

[2019] FWC 2379

[2019] FWC 2379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia – NSW Branch
v
Ingleburn Bus Service Pty Ltd T/A Interline Bus Service
(B2019/283)

VICE PRESIDENT CATANZARITI SYDNEY, 9 APRIL 2019

Proposed protected action ballot of employees of Ingleburn Bus Service Pty Ltd T/A Interline Bus Service.

[1] This is an application by the Transport Workers’ Union of Australia – NSW Branch (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 Ingleburn Bus Service Pty Ltd T/A Interline Bus Service (Respondent).

[2] On 8 April 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 Nimrod Nyols of the Applicant declared on 5 April 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR706708.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR706709>