Transport Workers' Union of Australia v Rivet Energy Aviation Pty Ltd

[2022] FWC 2957

[2022] FWC 2957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia
v

Rivet Energy Aviation Pty Ltd

(B2022/1672)

DEPUTY PRESIDENT CLANCY MELBOURNE, 8 NOVEMBER 2022

Proposed protected action ballot of employees of Rivet Energy Aviation 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 Rivet Energy Aviation Pty Ltd (Respondent).

1. The Respondent initially advised my Chambers that it objected to the application on the basis that the Applicant has not been, and is not, genuinely trying to reach an agreement. I determined to list the matter for a hearing on 8 November 2022 but in subsequent correspondence, the Respondent advised that it no longer opposed the application.

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

1. On the basis of the material before me, including the declaration of Mr Dissio Markos 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 PR 747708.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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