Transport Workers' Union of Australia v Veolia Environmental Services (Australia) Pty Ltd

[2012] FWA 3722

[2012] FWA 3722

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Veolia Environmental Services (Australia) Pty Ltd
(B2012/737)

COMMISSIONER BISSETT MELBOURNE, 1 MAY 2012

Proposed protected action ballot by employees of Veolia Environmental Services (Australia) 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 Veolia Environmental Services (Australia) Pty Ltd (the Respondent). The application was made on 27 April 2012.

[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).

[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 (PR523257) is based on the draft order provided by the TWU and is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR523256>