Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd Summary

[2022] FWC 3275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia
v

Cleanaway Operations Pty Ltd

(B2022/1808)

VICE PRESIDENT CATANZARITI

SYDNEY, 13 DECEMBER 2022

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).

The Respondent neither opposed nor consented to 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 Ho Lau of the Applicant declared on 6 December 2022, 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 PR748863.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, under the Fair Work Act 2009, was approached by the Transport Workers' Union of Australia, which sought a protected action ballot order concerning certain employees of Cleanaway Operations Pty Ltd. The dispute centred around the proposed protected action ballot, which aimed to address certain workplace issues. The company did not oppose or consent to the application, leading the Commission to decide the matter based on the documentation provided. The decision was made by Vice President Catanzariti on 13 December 2022.

The legal issues that the Commission needed to address included whether the notification time for the proposed agreement was valid and whether the Transport Workers' Union had genuinely attempted to reach an agreement with Cleanaway Operations Pty Ltd. The Commission had to determine if these conditions, as outlined in section 443(1) of the Fair Work Act 2009, were met to grant the protected action ballot order.

The Commission found that the statutory declaration of Ho Lau of the Transport Workers' Union, dated 6 December 2022, was sufficient evidence to demonstrate that the union had genuinely tried to reach an agreement with the company. Additionally, the Commission was satisfied that the notification time for the proposed agreement was valid. As such, the requirements for the protected action ballot order were fulfilled. Consequently, the Commission decided to grant the order without the need for a hearing.

An order was issued separately in PR748863. This decision confirms the validity of the union's application for a protected action ballot order and the satisfaction of the legal requirements for such an order under the Fair Work Act 2009.

Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established