1 Fair Work Act 2009 s 437—Protected action Transport Workers' Union of Australia v Quito Pty Ltd as Trustee for the Quito Unit Trust T/A Benara Nurseries (B2024/781) COMMISSIONER LIM PERTH, 20 JUNE 2024 Proposed protected action ballot of employees of Quito Pty Ltd as Trustee for the Quito Unit Trust trading as Benara Nurseries. [1] This is an application by the Transport Workers’ Union (TWU) made under s 437 of the Fair Work Act 2009 (Act) for a protected action ballot order (PABO) in relation to certain employees of Quito Pty Ltd as Trustee for the Quito Unit Trust trading as Benara Nurseries (Employer). [2] The application was lodged on 18 June 2024. On 20 June 2024, the Employer advised the Commission that they objected to the application on the basis the TWU is not genuinely trying to reach agreement. [3] The matter was allocated to my Chambers. At the parties’ request, I convened a conference on 20 June 2024. During this conference, the Respondent advised that it no longer pressed its objection to the TWU’s application. I advised the parties that based on the materials before me, including the witness statements of Mr Lyle Slaney, Mr Robert Taylor and Mr Alistair Outen, I was satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s 443(1) of the Act have been met. [4] On that basis, and given that s 443(2) does not apply, I am obliged to issue the Order. [5] The ballot is to be conducted by Vero Engagement & Voting Solutions Pty Ltd, which is recognised under s 468A of the Act as an eligible protected action ballot agent. [6] For the purposes of s 443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 3 July 2024. This also establishes the ballot period for the purpose of s 448A(2) of the Act. [7] An Order has been separately issued in PR776258. [2024] FWC 1620 DECISION [2024] FWC 1620 2 [8] Pursuant to s 448A of the Act, a compulsory conciliation conference will be convened by my Chambers. An Order requiring the attendance of all bargaining representatives involved in the proposed enterprise agreement will issue shortly. COMMISSIONER Appearances: L Slaney for the Applicant. M Gillett of The HR Dept Fremantle and Cockburn for the Respondent. Conference details: 2024. Perth, by Video via Microsoft Teams: 20 June. Printed by authority of the Commonwealth Government Printer <PR776257>