Australian Rail, Tram and Bus Industry Union v Busways North West Pty Ltd T/A Busways
[2023] FWC 1808
•25 JULY 2023
| [2023] FWC 1808 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Rail, Tram and Bus Industry Union
v
Busways North West Pty Ltd T/A Busways
(B2023/739)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 25 JULY 2023 |
Proposed protected action ballot of employees of Busways North West Pty Ltd
This is an application by the Australian Rail, Tram and Bus Industry Union (RTBU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Busways North West Pty Ltd (Busways or Employer).
On 25 July 2023, the Commission was advised that Busways did not object to the Application.
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 Mr David Babineau, RTBU Division Secretary, setting out the steps taken by the RTBU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Busways, 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 Act have been met.
The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, and following consultation with the parties,[2] a ballot period of ten (10) working days from the date of the Order (25 July 2023) has been determined by the Commission.
An Order has been separately issued in PR764509.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.
DEPUTY PRESIDENT
[1] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400
[2] The parties were provided an opportunity to raise concerns in relation to the proposed ballot period. No submissions were provided to the Commission.
Printed by authority of the Commonwealth Government Printer
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