Transport Workers' Union of Australia v Zip Airport Services Pty Ltd

[2019] FWC 4228

[2019] FWC 4228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
ZIP Airport Services Pty Ltd
(B2019/455)

DEPUTY PRESIDENT GOSTENCNIK SYDNEY, 18 JUNE 2019

Proposed protected action ballot of employees of Zip Airport Services Pty Ltd.

[1] This is an application by the Transport Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Australian Lamb ZIP Airport Services Pty Ltd (Respondent).

[2] The Respondent does not object to the application however contends that there are exceptional circumstances justifying a longer notice period.

[3] I am satisfied in relation to the proposed industrial action that is the subject of the protected action ballot, that there are exceptional circumstances justifying the period of written notice referred to in paragraph 414(2)(a) of the Act being longer than 3 working days. I set that period to be 5 working days. I will publish my reasons for this decision in due course.

[4] On the basis of the material before me, including the statutory declaration of Dissio Markos of the Applicant 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.

DEPUTY PRESIDENT

Appearances:

Mr J Cooney for the Applicant

Ms N Gaspar of Counsel for the Respondent

Hearing details:

2019

Melbourne

17 June 2019

Written submissions:

Respondent 14 June 2019

Printed by authority of the Commonwealth Government Printer

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