Transport Workers' Union of Australia v Boral Resources (NSW) Pty Ltd

[2021] FWC 6398

[2021] FWC 6398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Boral Resources (NSW) Pty Ltd
(B2021/1111)

VICE PRESIDENT CATANZARITI SYDNEY, 19 NOVEMBER 2021

Proposed protected action ballot of employees of Boral Resources (NSW) Pty Ltd t/as Boral Concrete Sydney

[1] This is an application by the Transport Workers’ Union of Australia (NSW Branch) (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 Boral Resources (NSW) Pty Ltd (Respondent).

[2] On 18 November 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 Greg Leslie of the Applicant declared on 8 November 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 has been separately issued in PR735984.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR735985>