Transport Workers' Union of Australia v Veolia Recycling & Recovery Pty Ltd (ACN 002 902 650)

Case

[2023] FWC 279

1 FEBRUARY 2023


[2023] FWC 279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers' Union of Australia
v

Veolia Recycling & Recovery Pty Ltd (ACN 002 902 650)

(B2023/55)

VICE PRESIDENT CATANZARITI

SYDNEY, 1 FEBRUARY 2023

Proposed protected action ballot of employees engaged in the collection of waste for Penrith City Council

  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 Veolia Recycling & Recovery Pty Ltd (Respondent).

  1. On 1 February 2023, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

  1. On the basis of the material before me, including the statutory declaration of Ho Lau of the Applicant declared on 25 January 2023, 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.

  1. An Order has been separately issued in PR750134.


VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR750135>

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