Transport Workers' Union of Australia v Boral Transport Limited

[2021] FWC 6271

[2021] FWC 6271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Boral Transport Limited
(B2021/1058)

VICE PRESIDENT CATANZARITI SYDNEY, 4 NOVEMBER 2021

Proposed protected action ballot of employees of Boral Transport Limited

[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 Transport Limited (Respondent).

[2] On 3 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 27 October 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 PR735504.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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