Transport Workers' Union of Australia v Hanson Construction Materials Pty Ltd T/A Hanson

[2020] FWC 6135

[2020] FWC 6135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v
Hanson Construction Materials Pty Ltd T/A Hanson
(B2020/719)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 16 NOVEMBER 2020

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

[1] This is an application lodged on 13 November 2020 by the Transport Workers’ Union of Australia (the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Hanson Construction Materials Pty Ltd (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. The Respondent confirmed it did not object to 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 Jason Walters of the Applicant lodged 13 November 2020, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] The Applicant sought a ballot period of “within 25 working days from the date of the order”. Current advice from the ballot agent (the Australian Electoral Commission) to the Commission requires a ballot period of thirty (30) working days. Accordingly the order in this matter will reflect this protocol.

[7] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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