Transport Workers' Union of Australia v ZircoDATA Services Pty Ltd T/A ZircoDATA

[2023] FWC 98

[2023] FWC 98

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

(B2023/28)

DEPUTY PRESIDENT CLANCY MELBOURNE, 16 JANUARY 2023

Proposed protected action ballot of employees of ZircoDATA 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 ZircoDATA Services Pty Ltd (Respondent).

1. On 16 January 2023 my Associate was advised that the Respondent did not object to 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 declaration of Mr Darren McColley 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.

1. An order has been separately issued in PR749650.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR749649>