Transport Workers' Union of Australia v Australian Red Cross Blood Service

[2018] FWC 260

[2018] FWC 260

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
v
Australian Red Cross Blood Service
(B2018/11)

COMMISSIONER JOHNS MELBOURNE, 12 JANUARY 2018

Proposed protected action ballot of employees of Australian Red Cross Blood Service.

[1] On 8 January 2018, Transport Workers’ Union of Australia, NSW Branch made an application for a protected action ballot order (Order) in relation to a group of employees of the Australian Red Cross Blood Service (Employer).

[2] The application was made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The Employer was served with the application within 24 hours after the making of it to the Fair Work Commission (Commission).

[4] The employees to be balloted are presently covered by Australian Red Cross Blood Enterprise Agreement New South Wales and Australian Capital Territory 2013 (Agreement). The nominal expiry date of the Agreement is 30 June 2017.

[5] On 9 January 2018, the Employer stated that it did not consent to the proposed Order.

[6] The Matter was subsequently listed for a Mentions and/or Directions Hearing on 11 January 2018.

[7] On 11 January 2018, the parties confirmed that they had reached agreement regarding the content of the proposed Order and the listing was vacated.

[8] On 12 January 2018, the Employer consented to the newly drafted Order.

[9] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[10] The Order [PR599491] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR599496, Price Code A>