Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd

[2023] FWC 748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers' Union of Australia
v

Cleanaway Operations Pty Ltd

(B2023/279)

VICE PRESIDENT CATANZARITI

SYDNEY, 29 MARCH 2023

Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd

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 Cleanaway Operations Pty Ltd (Respondent).

On 28 March 2023, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

On the basis of the material before me, including the statutory declaration of Glen Barron of the Applicant declared on 27 March 2023, 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.

An Order has been separately issued in PR760671.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia has applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Cleanaway Operations Pty Ltd. The application arises from a dispute between the union and the respondent regarding certain terms of employment. The union has declared that it has been genuinely attempting to reach an agreement with the respondent and has satisfied the notification period for the proposed agreement. Cleanaway Operations Pty Ltd did not oppose the application, and the matter was determined on the papers without a hearing.

The legal issues before the Commission were whether the union had met the requirements of section 443(1) of the Fair Work Act 2009 and whether there was a notification period for the proposed agreement. The union provided evidence through a statutory declaration by Glen Barron, outlining the steps taken in bargaining with the respondent and demonstrating that the union had been genuinely attempting to reach an agreement. The Commission was satisfied that the union had met the notification period and the requirements of section 443(1) of the Act.

Given the evidence provided by the union and the absence of opposition from Cleanaway Operations Pty Ltd, the Commission determined that the union had met the requirements for a protected action ballot order. The Vice President issued an order in PR760671, allowing the union to proceed with the ballot. The Commission found that the union had taken appropriate steps to negotiate with the employer and had satisfied the notification period for the proposed agreement. The decision highlights the importance of the union's efforts to reach an agreement with the employer and the need for compliance with the statutory requirements when seeking a protected action ballot order.

The Commission issued an order in PR760671, allowing the Transport Workers' Union of Australia to proceed with the ballot for protected action. The order reflects the Commission's determination that the union had satisfied the requirements of section 443(1) of the Fair Work Act 2009 and had met the notification period for the proposed agreement. The decision underscores the importance of the union's efforts to negotiate with the employer and the need for compliance with the statutory requirements when seeking a protected action ballot order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established