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

[2018] FWC 6347

[2018] FWC 6347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia

v

Hanson Construction Materials Pty Ltd

(B2018/922)

Commissioner Williams PERTH, 12 OCTOBER 2018

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

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

1. On 11 October 2018 the Commission was advised that the Respondent did not object to the application.

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

1. On the basis of the material before me, including the statutory declaration of Mr Jason Walters 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.

1. An Order [PR701282] will now be issued.

Printed by authority of the Commonwealth Government Printer

<PR701281>