Transport Workers' Union of Australia v 1st Fleet Pty Ltd

[2011] FWA 8941

[2011] FWA 8941

FAIR WORK AUSTRALIA

DECISION

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

Transport Workers' Union of Australia
v
1st Fleet Pty Ltd
(B2011/4074)

COMMISSIONER ASBURY BRISBANE, 16 DECEMBER 2011

Proposed protected action ballot by employees of 1st Fleet 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 (TWU). The TWU seeks a protected action ballot order in relation to certain employees of 1st Fleet Pty Ltd (Employer).

[2] The Employer has advised that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] On the basis of the submissions of the TWU and a sworn statement made by Mr Troy Fernandez, Organiser for the TWU, 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 [PR518124] based on the draft provided by the TWU will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR518125>