Transport Workers' Union of Australia v Transpacific Industries Pty Ltd

[2011] FWA 5244

[2011] FWA 5244

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Transpacific Industries Pty Ltd
(B2011/3242)

COMMISSIONER BISSETT MELBOURNE, 9 AUGUST 2011

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).

[2] My associate was advised by the Respondent that it had been served with the application and that the Respondent would advance no substantive grounds of opposition to orders being made (that is, the Respondent did not challenge that the TWU has been and is genuinely trying to reach an agreement). The TWU has provided a statutory declaration addressing the relevant grounds of the Act.

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

[4] 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 [PR513233] is based on the draft order provided by the TWU and is issued in conjunction with this decision.

COMMISSIONER

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<Price code A, PR513232>