Transport Workers' Union of Australia v Komatsu Marketing Support Australia Pty Ltd T/A Komatsu

[2021] FWC 3147

[2021] FWC 3147

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
v
Komatsu Marketing Support Australia Pty Ltd T/A Komatsu
(B2021/373)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 1 JUNE 2021

Proposed protected action ballot of employees of Komatsu in Western Australia

[1] This is an application lodged on 28 May 2021 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 Komatsu Marketing Support Australia Pty Ltd T/A Komatsu (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. The Respondent advised on 1 June 2021 that 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 Mr Jason Walters of the Applicant lodged 28 May 2021, 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] The Applicant sought a ballot period of “within 25 working days from the date of this order” (emphasis added). 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.

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

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

DEPUTY PRESIDENT

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