Transport Workers' Union of Australia v Giacci Bros Pty Ltd

[2023] FWC 460

[2023] FWC 460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers' Union of Australia
v

Giacci Bros Pty Ltd

(B2023/156)

VICE PRESIDENT CATANZARITI SYDNEY, 24 FEBRUARY 2023

Proposed protected action ballot of employees of Giacci Bros Pty Ltd

1. This is an application by the Transport Workers' Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Giacci Bros Pty Ltd (Respondent).

1. On 24 February 2023, the Fair Work Commission was advised that the Respondent did not oppose the application.

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 statutory declaration of Charles Nichols of the Applicant declared on 22 February 2023, 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 and Directions have been separately issued in PR751139 and PR751142 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR751140>