Transport Workers' Union of Australia v ZircoDATA Services Pty Ltd T/A ZircoDATA
[2022] FWC 471
| [2022] FWC 471 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Transport Workers’ Union of Australia
v
ZircoDATA Services Pty Ltd T/A ZircoDATA
(B2022/99)
| DEPUTY PRESIDENT BEAUMONT | PERTH, 2 MARCH 2022 |
Proposed protected action ballot of employees of ZircoDATA Services Pty Ltd
This is an application by the Transport Workers’ Union of Australia (the Applicant) made under s 437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Zirco Data Services Pty Ltd T/A ZircoDATA (the Respondent).
On the 2 March 2022, my Associate was advised that the Respondent did not object to the application.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
I have considered all the material before me, including the declaration of Mr Walters of the Applicant, setting out the steps taken by it in bargaining with the Respondent and confirming 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, there is a valid application made pursuant to s 437, and that all of the requirements in s 443(1) of the Act have been met. Accordingly, I am obliged to issue an order in this matter.
An Order[1] therefore issues concurrently with this decision.
DEPUTY PRESIDENT
Determined on the Papers
[1] PR738945.
Printed by authority of the Commonwealth Government Printer
<PR738955>
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