Australian Municipal, Administrative, Clerical and Services Union v Transdev Sydney Ferries Pty Ltd T/A Transdev Sydney Ferries

[2025] FWC 283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

Transdev Sydney Ferries Pty Ltd T/A Transdev Sydney Ferries

(B2025/194)

COMMISSIONER P RYAN

SYDNEY, 31 JANUARY 2025

Proposed protected action ballot of employees of Transdev Sydney Ferries Pty Ltd

The Australian Municipal, Administrative, Clerical and Services Union (ASU) has made an application under s.437 of the Fair Work Act 2009 (FW Act) for a protected action ballot order in relation to certain employees of Transdev Sydney Ferries Pty Ltd (Transdev) (Application).

I note that the Construction, Forestry and Maritime Employees Union has made a separate application[1] for a protected action ballot order in relation to the same proposed enterprise agreement.

On 30 January 2025, the Transdev advised the Commission that it did not object to the Application but sought that the period of written notice referred to in s.414(2)(a) be extended to 5 days under s.443(5) of the FW Act.

The ASU opposed any extension of the period of written notice.

On 31 January 2025, Transdev withdrew its request for an extension to the period of written notice.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Jan Primrose, Deputy Secretary Australian Services Union NSW & ACT (Services) Branch, setting out the steps taken by the ASU in bargaining with Transdev and that it has been, and is, genuinely trying to reach agreement with Transdev, I am 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 FW Act have been met.

The ballot is to be conducted by TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the FW Act and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the FW Act, the Commission has determined that the date by which voting is to close is 11 February 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the FW Act.

An Order has been separately issued in PR783883.

This matter will proceed to a s.448A compulsory conciliation conference along with the other related matter. An Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference will be issued in due course. Furthermore, Directions will be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

[1] B2025/193.

[2] This is 7 working days from the making of the Order and was the date sought in the Application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (ASU) sought a protected action ballot order in relation to employees of Transdev Sydney Ferries Pty Ltd, as per section 437 of the Fair Work Act 2009. The matter was before Commissioner P Ryan of the Fair Work Commission, who was tasked with determining whether the ASU had met the necessary requirements to conduct a ballot. Transdev initially requested an extension to the period of written notice, but subsequently withdrew this request. The Commission resolved to decide the matter based on the provided documentation, without the need for a hearing.

The central legal issue before the Commission was whether the ASU had satisfied all prerequisites under section 443 of the FW Act to conduct a protected action ballot. This included verifying the notification period, the steps taken in the bargaining process, and the genuine efforts of the ASU to reach an agreement with Transdev. The Commission also needed to confirm the suitability of TrueVote Pty Ltd as the ballot agent, as required by section 468A of the FW Act.

Commissioner Ryan found that the ASU had indeed met all the requirements set out in section 443 of the FW Act. This decision was based on the declaration of Jan Primrose, Deputy Secretary of the Australian Services Union NSW & ACT (Services) Branch, which detailed the bargaining steps and the genuine efforts of the ASU. TrueVote was also deemed an appropriate ballot agent under section 468A. Consequently, the Commission set the closing date for voting at 11 February 2025, establishing the ballot period accordingly. The matter will progress to a compulsory conciliation conference, as mandated by section 448A of the FW Act.

The Fair Work Commission ordered that the protected action ballot proceed with TrueVote Pty Ltd as the authorised ballot agent. The voting period for the ballot was set to close on 11 February 2025. Furthermore, all relevant bargaining representatives were required to attend a compulsory conciliation conference to engage in meaningful negotiations. Directions to ensure compliance with these requirements were to be issued in due course.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established