ENTERPRISE BARGAINING – protected action ballot – ss.443, 437 Fair Work Act 2009 – respondent applied to extend period of written notice from three working days to seven working days – extension opposed by union – Commission considered meaning of ‘exceptional circumstances’ and whether circumstances justified granting extension – respondent submitted it was unable to mitigate adverse impact to public health and safety with only three working days’ notice, but may be able to develop suitable operational responses with additional notice – further submitted more notice required to communicate risk to public health and safety – union submitted that nothing in case unusual or uncommon and Respondent provided no evidence to support claims of public health and safety – Commission found respondent’s evidence about practical difficulties of informing the public of disruptions to be overstated – also found that health risks could be minimised through appropriate planning – respondent failed to identify any authority in waste collection industry where notice period was extended to seven days – Commission found that circumstances not ‘out of the ordinary, unusual, special or uncommon’ – protected action ballot order granted with three working day notice period. Transport Workers’ Union of Australia v SITA Australia P/L t/a SUEZ Environment and Waste Recovery
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