DECISION

Fair Work Act 2009
s.437—Protected action

Australian Maritime Officers’ Union, The
v
Transdev Brisbane Ferries Pty Ltd
(B2015/1398)

COMMISSIONER SIMPSON

BRISBANE, 29 OCTOBER 2015

Proposed protected action ballot of employees of Transdev Brisbane Ferries Pty Ltd.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australian Maritime Officers’ Union. The Australian Maritime Officers’ Union seeks a protected action ballot order in relation to certain employees of Transdev Brisbane Ferries Pty Ltd.

[2] The Employer has advised in writing that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] I am satisfied that the requirements of ss 443(1)(a) and (b) have been made met and that, accordingly, an order must be made. An order, PR573346, based on the amended draft provided by the Australian Maritime Officers’ Union will be issued at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Maritime Officers' Union brought a claim against Transdev Brisbane Ferries Pty Ltd, seeking to compel the employer to facilitate a ballot of its employees regarding potential protected industrial action. The matter was heard in the Fair Work Commission. The dispute centred on whether the employer was required to provide necessary logistical support to enable the Union to conduct a lawful ballot, including access to the employer's premises and employee contact details. The employer contested the necessity and scope of the support required, arguing that it would unduly interfere with their business operations.

The legal issues before the Commission were whether the employer was obligated to assist in the ballot process under the Fair Work Act and, if so, the extent of that obligation. The primary consideration was the balance between the Union's right to organise and communicate with its members and the employer's right to manage their business without undue interference. The Commission had to determine the specific actions the employer was required to take to facilitate the ballot while minimising any impact on business operations.

The Fair Work Commission held that the employer was indeed obliged to provide reasonable assistance to the Union in conducting the ballot. This included allowing access to the employer's premises and providing necessary employee contact information. The Commission emphasised the importance of facilitating lawful industrial action while ensuring that such action did not unduly disrupt the employer's operations. The decision clarified that the employer's obligation was to facilitate, not to guarantee the success of the ballot. The Commission outlined specific measures the employer needed to take, balancing the rights of both parties.

The orders of the Commission required Transdev Brisbane Ferries Pty Ltd to provide the Union with access to its premises and relevant employee contact information within specified timelines. The employer was also directed to take other reasonable steps as outlined by the Commission to facilitate the ballot process. The decision reinforced the legal framework governing industrial action and the duties of employers in such contexts.

Australian Maritime Officers' Union, The v Transdev Brisbane Ferries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established