Transport Workers' Union of Australia v BevChain Australia Pty Ltd

[2014] FWC 4709

[2014] FWC 4709

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
v
BevChain Australia Pty Ltd
(B2014/963)

VICE PRESIDENT HATCHER SYDNEY, 14 JULY 2014

Protected action ballot of employees of BevChain Australia Pty Ltd.

[1] On 11 July 2014 the Transport Workers’ Union of Australia (the applicant) made an application under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of BevChain Australia Pty Ltd (the respondent).

[2] On 14 July 2014 Mr Nick Leon, Workplace Relations Manager - NSW/QLD, provided advice by email on behalf of the respondent that the respondent did not oppose the making of the order sought by the applicant.

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

[4] The application was supported by a statement made by Mr Raymond John Shortill, an official of the applicant, dated 11 July 2014. On the basis of the matters set out in that statement, I am satisfied that the requirements of s.443(1) of the Act has been met and that, accordingly, an order must be made. An order [PR553106] based on the draft order provided by the applicant on 11 July 2014 will be issued in conjunction with this Decision.

VICE PRESIDENT

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<Price code A, PR553109>