Transport Workers' Union of Australia v Transpacific Industries Pty Ltd

[2012] FWA 7752

[2012] FWA 7752

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Transpacific Industries Pty Ltd
(B2012/1562)

COMMISSIONER BISSETT MELBOURNE, 7 SEPTEMBER 2012

Proposed protected action ballot by employees of Transpacific Industries Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Transport Workers’ Union of Australia (TWU) for a protected action ballot order in relation to certain employees of Transpacific Industries Pty Ltd (the Respondent). The application was made on 6 September 2012.

[2] Upon being contacted by my associate, the Respondent advised that it would not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When FWA must make a protected action ballot order

(1) FWA must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) FWA is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The TWU has provided a statutory declaration addressing those matters in s.443(1) of the Act.

[5] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the order must be made. The order [PR528903] is based on the draft order provided by the TWU and is issued in conjunction with this decision.

COMMISSIONER

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