Transport Workers' Union of Australia NSW/QLD (Interim Governance) Branch v Boral Transport Limited

[2023] FWC 1338

[2023] FWC 1338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia NSW/QLD (Interim Governance) Branch
v

Boral Transport Limited

(B2023/531)

DEPUTY PRESIDENT CROSS SYDNEY, 7 JUNE 2023

Proposed protected action ballot of employees of Boral Transport Limited

1. This is an application by the Transport Workers’ Union of Australia NSW/QLD (Interim Governance) 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 Boral Transport Limited (Respondent).

1. On 7 June 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Ray Fitzpatrick of the Applicant declared on 5 June 2023, 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 PR762847.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR762858>