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

[2022] FWC 2382

[2022] FWC 2382

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

(B2022/1339)

DEPUTY PRESIDENT CLANCY MELBOURNE, 7 SEPTEMBER 2022

Proposed protected action ballot of employees of Cleanaway Operations Pty Ltd T/A Cleanaway.

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 advised my Chambers that it objected to the protected action ballot order being made. Specifically, it raised a concern in relation to the industrial action identified in question 6 of the proposed order. After reviewing the Application form and the Statutory Declaration, and while acknowledging the concern about the proposed question 6 raised by the Respondent, I cannot see a statutory basis upon which the Applicant’s application should be rejected. The Respondent did not outline a statutory basis for its objection addressing s.443 of the Act and nor did it request to be heard in relation to it.

1. In the circumstances, 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 declaration of Mr Daryl Coghill 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 PR745594.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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