Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd T/A Cleanaway

[2023] FWC 397

[2023] FWC 397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia
v

Cleanaway Operations Pty Ltd T/A Cleanaway

(B2023/117)

DEPUTY PRESIDENT CLANCY MELBOURNE, 17 FEBRUARY 2023

Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd Trading As Cleanaway - Hobson Bay, Moonee Valley & Boroondara (Municipal) Enterprise Agreement 2017

1. This is an application by the Transport Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Cleanaway Operations Pty Ltd T/A Cleanaway (the Respondent).

1. The Respondent initially raised concerns in relation to the form and content of the order, specifically the industrial action identified in questions 6 and 7 of the draft order accompanying the application. I determined a Mention should be conducted, during which I discussed these concerns with the parties and other matters subsequently raised. During the Mention, the Respondent advised that it did not intend to pursue its objections further.

1. With the Mention having resolved the various matters raised, I have proceeded to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Greg Fleming of the Applicant 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.

1. An order has been separately issued in PR750694.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR750693>