| [2023] FWC 1677 |
| 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
Torrens Connect Pty Ltd T/A Torrens Connect Pty Ltd
(B2023/693)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 11 JULY 2023 |
Proposed protected action ballot of employees of Torrens Connect Pty Ltd
This is an application by the Australian Rail, Tram and Bus Industry Union (ARTBIU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Torrens Connect Pty Ltd T/A Torrens Connect Pty Ltd (Torrens Connect or Respondent).
On 11 July 2023, the Commission was advised that the Respondent 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 Hayden Boyle, ARTBIU Branch Organiser, setting out the steps taken by the ARTBIU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, 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 TrueVote Pty Ltd (TrueVote). TrueVote 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, a ballot period of 14 working days from the date of the Order (11 July 2023) has been approved by the Commission.
An order has been separately issued in PR764111.
This matter will be assigned to Commissioner Platt to conduct the s.448A 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] TrueVote Pty Ltd [2023] FWC 1446.
Printed by authority of the Commonwealth Government Printer
<PR764112>
- AGLC
- Australian Rail, Tram and Bus Industry Union v Torrens Connect Pty Ltd T/A Torrens Connect Pty Ltd [2023] FWC 1677
- Case
- [2023] FWC 1677
- Decision Date
CaseChat Overview and Summary
The legal issues at hand centred around whether the ARTBIU had met the requirements set out in section 443(1) of the Act, including demonstrating a genuine attempt to reach an agreement with Torrens Connect. Additionally, the court needed to confirm if TrueVote Pty Ltd, the appointed ballot agent, was eligible under section 468A of the Act to conduct the ballot. The Deputy President found that all requirements had been fulfilled based on the declaration of Mr Hayden Boyle, the ARTBIU Branch Organiser, who detailed the union's bargaining efforts and the notification period for the proposed agreement. The court also noted TrueVote's recent approval as a ballot agent and set a ballot period of 14 working days from the date of the order.
In granting the application, the Deputy President issued an order allowing the ballot to proceed, specifying the duration and the authorised ballot agent. Furthermore, a separate order was issued in PR764111. The matter was assigned to Commissioner Platt for the s.448A conference, with likely issuance of directions to ensure both parties were prepared for meaningful negotiations. This decision underscores the Commission's role in facilitating fair work practices and ensuring that all legal requirements are met for protected action ballots.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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