Transport Workers' Union of Australia v SUEZ Recycling & Recovery Pty Ltd

[2020] FWC 4230

[2020] FWC 4230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
SUEZ Recycling & Recovery Pty Ltd
(B2020/422)

DEPUTY PRESIDENT SAMS SYDNEY, 11 AUGUST 2020

Proposed protected action ballot of employees of SUEZ Recycling & Recovery Pty Ltd.

[1] This is an application by the Transport Workers’ Union of Australia (the ‘applicant’) made under s.437 of the Fair Work Act 2009 (the ‘Act’) for a protected action ballot order in relation to certain employees of SUEZ Recycling & Recovery Pty Ltd (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 statutory declaration of Mr Klaus Pinkas declared on 5 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 [PR721754].

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR721753>