Transport Workers' Union of Australia v Hurd Haulage Pty Ltd

[2018] FWC 5017

[2018] FWC 5017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protection action ballot order

Transport Workers’ Union of Australia
v

Hurd Haulage Pty Ltd

(IA2018-4604)

Deputy President Gostencnik MELBOURNE, 30 AUGUST 2018

Proposed protected action ballot of employees of Hurd Haulage 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 (Act) for a protected action ballot order in relation to certain employees of Hurd Haulage Pty Ltd (Respondent).

1. On 29 August 2018, my Associate 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 R Fitzpatrick 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 has been separately issued in PR620338.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR620339>