United Workers' Union v Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling

[2022] FWC 2990

[2022] FWC 2990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union
v

Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling

(B2022/1670)

VICE PRESIDENT CATANZARITI SYDNEY, 10 NOVEMBER 2022

Proposed protected action ballot of employees of Terminals Pty Ltd Trading As Quantem Bulk Liquid Storage and Handling

1. This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Terminals Pty Ltd T/A Quantem Bulk Liquid Storage and Handling (Respondent).

1. On 7 November 2022, the Fair Work Commission was advised that the Respondent did not intend to file any submissions.

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 statutory declaration of Shane Reside of the Applicant declared on 4 November 2022, 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 PR747825.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR747826>