Transport Workers' Union of Australia v Bevchain Pty Limited

[2021] FWC 5309

[2021] FWC 5309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Bevchain Pty Limited
(B2021/724)

VICE PRESIDENT CATANZARITI SYDNEY, 27 AUGUST 2021

Proposed protected action ballot of employees of Bevchain 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Bevchain Pty Limited (Respondent).

[2] On 26 August 2021, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Jason Walters of the Applicant declared on 24 August 2021, 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 and Directions have been separately issued in PR733241 and PR733243 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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