Transport Workers' Union of Australia v Gate Gourmet Services Pty Ltd

[2019] FWC 7482

[2019] FWC 7482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Gate Gourmet Services Pty Ltd
(B2019/1247)

VICE PRESIDENT CATANZARITI SYDNEY, 30 OCTOBER 2019

Proposed protected action ballot of employees of Gate Gourmet Services Pty Ltd.

[1] This is an application by 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 Gate Gourmet Services Pty Ltd (Respondent).

[2] On 29 October 2019, the Fair Work Commission was advised that the Respondent does not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Barry John Norton 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.

[5] An order has been separately issued in PR713838.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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