Transport Workers' Union of Australia v Hanson Construction Materials Pty Ltd

[2024] FWC 1359

[2024] FWC 1359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v

Hanson Construction Materials Pty Ltd

(B2024/572)

DEPUTY PRESIDENT ROBERTS SYDNEY, 23 MAY 2024

Proposed protected action ballot of employees of Hanson Construction Materials Pty Ltd

1. This is an application by the Transport Workers’ Union of Australia (TWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Hanson Construction Materials Pty Ltd (Hanson or Employer).

1. The matter was listed for hearing on 23 May 2024 and the Commission was advised on that date that the Employer did not object to the application.

1. On the basis of the material before me, including the declaration of Charlie Nichols, Organiser, setting out the background to the bargaining process, the steps taken by the TWU in bargaining and evidence to indicate that the TWU has been, and is, genuinely trying to reach agreement with Hanson, I am satisfied that there is a notification time in relation to the proposed agreement and that all of  the requirements in s.443(1) of the Act have been met. I am also satisfied that the application was provided to the employer and the ballot agent in accordance with s.440 of the Act

1. The ballot is to be conducted by Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 5 June 2024. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR775295.

1. I will now conduct the s.448A compulsory conciliation conference. I will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR775294>