Transport Workers' Union of Australia v C.J & R.S Kelly Pty Ltd T/A Chas Kelly Transport

[2019] FWC 7396

[2019] FWC 7396

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
v
C.J & R.S Kelly Pty Ltd T/A Chas Kelly Transport
(B2019/1231)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 25 OCTOBER 2019

Proposed protected action ballot of employees of Chas Kelly Transport.

[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 C.J & R.S Kelly Pty Ltd T/A Chas Kelly Transport (Respondent).

[2] On 25 October 2019, my Associate was advised that the Respondent did not object to the application.

[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 S Moszko 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 PR713731.

DEPUTY PRESIDENT

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