Transport Workers’ Union v

[2022] FWC 211

[2022] FWC 211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union
v

McColl’s Operations Pty Ltd T/A McColl’s Operations
(B2022/36)

DEPUTY PRESIDENT CLANCY MELBOURNE, 1 FEBRUARY 2022

Proposed protected action ballot of employees of McColl’s Operations Pty Ltd T/A McColl’s Operations.

1. This is an application by the Transport Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of McColl’s Operations Pty Ltd T/A McColl’s Operations (Respondent).

1. On 31 January 2022, 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 Daryl Coghill 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 PR737946.

DEPUTY PRESIDENT

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