Transport Workers' Union of Australia v Swire Cold Storage Pty Ltd

[2015] FWC 7988

[2015] FWC 7988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Swire Cold Storage Pty Ltd
(B2015/1629)

DEPUTY PRESIDENT ASBURY BRISBANE, 20 NOVEMBER 2015

Proposed protected action ballot of employees of Swire Cold Storage Pty Ltd.

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

[2] On 20 November 2015 my Associate, at my request, wrote to the Employer requesting its view in relation to the application. The Employer, through its representative, the Australian Industry Group, has advised the Commission that it does not object to the Commission making the orders sought by the TWU.

[3] In the circumstances I have decided to determine the matter on the basis of the material filed as I am satisfied it is no longer necessary to hold a hearing.

[4] The TWU has filed a Witness Statement of Mr Adam Carter in support of the application. Mr Carter is the Branch Secretary of the Queensland Branch of the TWU. On the basis of the information contained in Mr Carter’s Witness Statement and the application, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR574153] will issue at the same time as this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR574152>