Transport Workers' Union of Australia v Cranbourne Transit Admin Pty Ltd atf Cranbourne Transit Admin Unit Trust

[2019] FWC 5601

[2019] FWC 5601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Cranbourne Transit Admin Pty Ltd atf Cranbourne Transit Admin Unit Trust
(B2019/658)

DEPUTY PRESIDENT MANSINI MELBOURNE, 12 AUGUST 2019

Proposed protected action ballot of employees of Cranbourne Transit Admin Pty Ltd atf Cranbourne Transit Admin Unit Trust.

[1] On Friday, 9 August 2019, the Transport Workers’ Union (Applicant) applied for a protected action ballot order in relation to certain employees of Cranbourne Transit Admin Pty Ltd atf Cranbourne Transit Admin Unit Trust (Respondent), made under s.437 of the Fair Work Act 2009 (Act).

[2] On Monday, 12 August 2019, my Associate was advised that the Respondent consents to the application.

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

[4] The Applicant has filed a statutory declaration of Mr Robert Lean of the Applicant which among other things sets out the steps taken by the Applicant in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent.

[5] On the basis of the application materials, including the statutory declaration of Mr Robert Lean, and the views of 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.

[6] An order has been separately issued in [PR711257].

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR711258>