Transport Workers' Union of Australia v Suez Recycling & Recovery No. 1 Pty Ltd T/A Suez Recycling & Recovery

[2020] FWC 4228

[2020] FWC 4228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Suez Recycling & Recovery No. 1 Pty Ltd T/A Suez Recycling & Recovery
(B2020/421)

DEPUTY PRESIDENT SAMS SYDNEY, 11 AUGUST 2020

Proposed protected action ballot of employees of Suez Recycling & Recovery No. 1 Pty Ltd T/A Suez Recycling & Recovery.

[1] This is an application by the Transport Workers’ Union of Australia (the ‘applicant’) made under s.437 of the Fair Work Act 2009 (Cth) (the ‘Act’) for a protected action ballot order in relation to certain employees of Suez Recycling & Recovery No. 1 Pty Ltd T/A Suez Recycling & Recovery (the ‘respondent’).

[2] On 10 August 2020, the Fair Work Commission was advised that the respondent did not oppose 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 statement of Mr Nimrod Nyols dated 10 August 2020, setting out the steps taken by the applicant in bargaining with the respondent and that it has been, and are, 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 [PR721750].

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR721748>