Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd

[2023] FWC 332

[2023] FWC 332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia
v

Cleanaway Operations Pty Ltd

(B2023/88)

COMMISSIONER MCKINNON SYDNEY, 9 FEBRUARY 2023

Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd

1. The Transport Workers’ Union of Australia (TWU) is bargaining for an enterprise agreement with Cleanaway Operations Pty Ltd (Cleanaway) under the Fair Work Act 2009 (the Act). The proposed agreement will replace the Cleanaway Solid Waste Services ACT Enterprise Agreement 2018 which nominally expired on 11 February 2022. Some employees of Cleanaway who will be covered by the proposed agreement are members of the TWU.

1. The TWU has applied for a protected action ballot order in relation to the proposed agreement. Section 437 of the Act deals with when a bargaining representative can apply for a protected action ballot order. Section 443 requires the Commission to make a protected action ballot order if certain conditions are met. On the material before me, I am satisfied that these conditions are met because:

1. there is a notification time in relation to the proposed agreement,

2. the application is made under section 437, and

3. the TWU has been, and is, genuinely trying to reach an agreement with Cleanaway.

1. It follows that a protected action ballot order must be made.

1. Order PR750327 gives effect to this decision and will issue separately. The Order will come into effect today.

COMMISSIONER

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