Transport Workers' Union of Australia v Comdain Gas (Aust) Pty Ltd

[2011] FWA 4567

[2011] FWA 4567

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Comdain Gas (Aust) Pty Ltd
(B2011/3129)

COMMISSIONER BISSETT MELBOURNE, 14 JULY 2011

Proposed protected action ballot by employees of Comdain Gas (Aust) Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Transport Workers’ Union of Australia (TWU) for a protected action ballot order in relation to certain employees of Comdain Gas (Aust) Pty Ltd (the Respondent).

[2] My associate was advised by the Respondent that it had been served with the application and that the Respondent would advance no substantive grounds of opposition to orders being made (that is, the Respondent did not challenge that the TWU has been and is genuinely trying to reach an agreement). The TWU has provided a Statement addressing the statutory grounds.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the order must be made. The order [PR511606] is based on the draft order provided by the TWU and is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR511605>