Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd
[2023] FWC 1964
•9 AUGUST 2023
| [2023] FWC 1964 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Transport Workers’ Union of Australia
v
Cleanaway Operations Pty Ltd
(B2023/812)
| DEPUTY PRESIDENT EASTON | SYDNEY, 9 AUGUST 2023 |
Proposed protected action ballot of employees of Cleanaway Pty Ltd - Padstow Depot.
An application was filed by the Transport Workers’ Union of Australia (TWU) pursuant to s.437 of the Fair Work Act 2009 (Cth) for a protected action ballot order in relation to certain employees of Cleanaway Operations Pty Ltd (Cleanaway) at the Padstow Depot.
On 8 August 2023 Cleanaway raised objections to the application on three grounds. The TWU provided a response to the objections on 8 August 2023.
The matter was listed for a telephone directions hearing on 9 August 2023 and Cleanaway advised that while it did not press its objections, it did not agree with the questions.
On the basis of the material before me, including the declaration of Mr Luke Ikladios of the TWU setting out the steps taken by the TWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Cleanaway, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.
The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act (Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400) and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of seven (7) days from the date of the Order (9 August 2023) has been determined by the Commission. I observe that this is, in effect, the same ballot period proposed in the draft Order.
An Order has been separately issued (PR764979).
The matter will be listed for a s.448A compulsory conciliation conference and an Order to Attend and Directions will be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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