Transport Workers' Union of Australia v Ipec Pty Limited

[2021] FWC 6067

[2021] FWC 6067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
IPEC Pty Limited
(B2021/929)

DEPUTY PRESIDENT DEAN CANBERRA, 6 OCTOBER 2021

Proposed protected action ballot of employees of IPEC Pty Limited.

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

[2] On 30 September 2021, the Respondent indicated that it did not oppose the application provided that the closing date for the ballot, being 14 working days in the Applicant’s draft order, be extended to 21 working days. The Applicant disagreed and maintained that the ballot can be practically conducted within the period sought.

[3] Having considered the views of the parties, I proposed to issue the order which would specify that the ballot is to close no later than 20 working days from the date of the order. Parties were requested to inform the Commission if they wish to be heard. Both the Applicant and the Respondent confirmed that they do not seek to be heard further on the matter.

[4] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[5] On the basis of the material before me, including the declaration of Gavin Webb 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.

[6] The Applicant sought that Mr Richard Kidd of the Australian Election Company be appointed as the ballot agent for the protected action ballot. I am satisfied that Mr Kidd is a fit and proper person to conduct the ballot and that the requirements prescribed by Regulation 3.11 of the Fair Work Regulations 2009 are met. Accordingly, Mr Kidd is to be the protected action ballot agent to conduct the ballot.

[7] An Order has been separately issued in PR734596.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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