Transport Workers' Union of Australia v Toll Holdings Limited and its wholly owned subsidiaries

[2021] FWC 4271

[2021] FWC 4271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Toll Holdings Limited and its wholly owned subsidiaries
(B2021/542)

VICE PRESIDENT CATANZARITI SYDNEY, 20 JULY 2021

Proposed protected action ballot of employees of Toll Holdings Limited and its wholly owned subsidiaries.

[1] This is an application by the Transport Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Toll Holdings Limited and its wholly owned subsidiaries (Respondent).

[2] On 19 July 2021, 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 Michael McNess of the Applicant declared on 15 July 2021, 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.

[5] An Order and Directions have been separately issued in PR731849 and PR731851 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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