Transport Workers' Union of Australia v Autocare Services Pty Ltd

[2019] FWC 1776

[2019] FWC 1776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Autocare Services Pty Ltd
(B2019/223)

DEPUTY PRESIDENT MILLHOUSE MELBOURNE, 19 MARCH 2019

Proposed protected action ballot of employees of Autocare Services Pty Limited.

[1] This is an application by the Transport Workers' Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Autocare Services Pty Limited (Respondent).

[2] The Respondent initially objected to the application, but such objection was withdrawn on 19 March 2019.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr Peter Banbury 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 PR705975.

DEPUTY PRESIDENT

<PR705973>