Transport Workers' Union of Australia-Western Australian Branch v Qube Logistics (SL) Pty Ltd T/A Qube Specialised Logistics

[2019] FWC 6495

[2019] FWC 6495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Transport Workers’ Union of Australia-Western Australian Branch
v
Qube Logistics (SL) Pty Ltd T/A Qube Specialised Logistics
(B2019/964)

COMMISSIONER HAMPTON ADELAIDE, 18 SEPTEMBER 2019

Proposed protected action ballot of employees of Qube Logistics (SL) Pty Ltd T/A Qube Specialised Logistics.

[1] This is an application by the Transport Workers’ Union of Australia (TWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Qube Logistics (SL) Pty Ltd T/A Qube Specialised Logistics (Qube Logistics).

[2] On 17 September 2019, the Commission wrote to Qube Logistics seeking its position on the application and requested advice if the matter was to be contested. The Commission has subsequently been advised that Qube Logistics does not oppose the application.

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

[4] I have considered all of the material before me, including the statutory declaration of Mr Christopher Nelson of the TWU setting out the steps taken by it in bargaining with Qube Logistics and confirming that it has been, and is, genuinely trying to reach agreement with the respondent employer. 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.

[5] An order in conformity with the Act is being issued in conjunction with this decision. 1

COMMISSIONER

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