Transport Workers' Union of Australia v K&S Freighters Pty Ltd

[2019] FWC 7391

[2019] FWC 7391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
K&S Freighters Pty Ltd
(B2019/1240)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 25 OCTOBER 2019

Proposed protected action ballot of employees of K&S Freighters 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 K&S Freighters Pty Ltd (Respondent).

[2] On 25 October 2019, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr G Pavlou 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.

[5] An order has been separately issued in PR713722.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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