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

[2013] FWC 2961

[2013] FWC 2961

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
v
Sunstate Charters Pty Ltd T/A Sunstate Charters
(B2013/110)

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 13 MAY 2013

Proposed protected action ballot by employees of Sunstate Charters Pty Ltd at the Eagle Farm and Burleigh Heads Depots .

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Transport Workers’ Union of Australia (TWU). The TWU seeks a protected action ballot order in relation to certain employees of Sunstate Charters Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. I have received, and rely upon a witness statement of Mr Troy Fernandez, a TWU organiser, providing information about matters relevant to s.443 of the Act.

[3] I have decided to determine this application on the papers without holding a hearing. I am satisfied that each of the relevant requirements of the FW Act, and s.443 in particular, have been met. Accordingly, an order must be made. An order [PR536559] based on the draft order provided by the TWU will be issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR536558>