Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd

[2022] FWC 2959

[2022] FWC 2959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia
v

Cleanaway Operations Pty Ltd

(B2022/1664)

DEPUTY PRESIDENT LAKE BRISBANE, 8 NOVEMBER 2022

Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd.

1. This is an application by the Transport Workers’ Union (the TWU/the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Cleanaway Operations Pty Ltd (Cleanaway/the Respondent).

1. The TWU lodged the application on 3 November, accompanied by a Form F34B Statutory Declaration in support of the application signed by Mr Russell Vientz, an Organiser employed by the TWU.

1. On 4 November, email correspondence was sent from the Chambers of Vice President Catanzariti asking Cleanaway to indicate whether it objected or consented to the application by the TWU. The parties were advised that if the Respondent objected to the application, the response was to contain details of the basis of the objection and any material upon which was relied.

1. On 7 November at 7.36am, the Respondent sent an email which indicated that the Respondent objected to the protected action ballot order. At 11.19am, the matter was allocated to me, and I listed it for a conference at 3.00pm.

1. In the circumstances and based on the correspondence from the parties, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Mr Vientz of the Applicant declared on 2 November, I am satisfied that the requirements of ss.443(1)(a) and (b) have been met and that, accordingly, an order must be made.

1. An order has been separately issued in [PR747713].

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR747712>