Transport Workers' Union of Australia v Kalari Pty Ltd T/A Kalari

[2012] FWA 8192

[2012] FWA 8192

FAIR WORK AUSTRALIA

DECISION

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

Transport Workers' Union of Australia
v
Kalari Pty Ltd T/A Kalari
(B2012/1614)

COMMISSIONER LEWIN MELBOURNE, 20 SEPTEMBER 2012

Proposed protected action ballot by employees of Kalari Pty Ltd.

[1] An application has made by the Transport Workers’ Union of Australia (TWU) for a protected action ballot order, pursuant t s.437 of the Fair Work Act 2009 (the Act).

[2] The application was made on 17 September 2012 and concerns employees of Kalari Pty Ltd (Kalari) who will be covered by the proposed enterprise agreement.

[3] On 19 September 2012 the TWU filed with the Tribunal an outline of bargaining efforts to date, in order to demonstrate to the Tribunal that the TWU has been and is genuinely trying to reach an agreement.

[4] Kalari does not oppose the making of the protected action ballot order sought by the TWU.

[5] I am satisfied that the TWU is a bargaining representative who has proposed an enterprise agreement with Kalari.

[6] Pursuant to s.443(1)(b) I am satisfied that the TWU has been, and is, genuinely trying to reach an agreement with Kalari.

[7] An order will issue.

COMMISSIONER

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