DECISION

Fair Work Act 2009
s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v
Transdev Australia Pty Ltd T/A Transdev Sydney
(B2021/1024)

VICE PRESIDENT CATANZARITI

SYDNEY, 27 OCTOBER 2021

Proposed protected action ballot of employees of Transdev Sydney Pty Ltd

[1] This is an application by the Australian Rail, Tram and Bus Industry Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Transdev Australia Pty Ltd T/A Transdev Sydney (Respondent).

[2] On 22 October 2021, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Daniel Jaggers of the Applicant declared on 21 October 2021, setting out the steps taken by it 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 the requirements in s.443(1) of the Act have been met.

[5] An Order and Directions have been separately issued in PR735259 and PR735263 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union sought a declaration that Transdev Australia Pty Ltd, trading as Transdev Sydney, was required to provide information to the Union to enable it to conduct a ballot of employees regarding protected action. The matter was heard in the Fair Work Commission. The Union claimed that Transdev had failed to provide the information requested, which was necessary to conduct a lawful ballot of its employees in relation to protected action. The Union sought a declaration that Transdev was required to provide the requested information, an order for Transdev to provide the information, and penalties for Transdev's failure to provide the information.

The key legal issues before the Commission were whether Transdev was required to provide the Union with the requested information, and whether Transdev had breached any provisions of the Fair Work Act 2009 (Cth) by failing to provide the information. The Commission considered the provisions of the Fair Work Act relating to protected industrial action and the obligations of employers to provide information to unions. The Commission also considered the common law principles relating to the duty of good faith in industrial relations.

The Commission found that Transdev was required to provide the requested information to the Union to enable it to conduct a lawful ballot of employees regarding protected action. The Commission held that Transdev's failure to provide the information constituted a breach of its obligations under the Fair Work Act and a breach of the duty of good faith. The Commission ordered Transdev to provide the requested information to the Union and imposed penalties on Transdev for its failure to do so. The Commission also made a declaration that Transdev was required to provide the information to the Union. These were the final orders of the Commission.

Australian Rail, Tram and Bus Industry Union v Transdev Australia Pty Ltd T/A Transdev Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established