Australian Rail, Tram, and Bus Industry Union v Transit Systems West Services Pty Ltd T/A Transit Systems Summary

[2023] FWC 879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.236 - Application for a majority support determination

Australian Rail, Tram, and Bus Industry Union
v

Transit Systems West Services Pty Ltd T/A Transit Systems

(B2023/64)

DEPUTY PRESIDENT CROSS

SYDNEY, 17 APRIL 2023

Application for a majority support determination.

On 30 January 2023, the Australian Rail, Tram, and Bus Industry Union (the RTBU) made an application (the Application) to the Fair Work Commission (the Commission) for a Majority Support Determination. The Application was made pursuant to section 236 of the Fair Work Act 2009 (the Act). The Application sought a determination in respect to members of the RTBU employed by Transit Systems West Services Pty Ltd and Transit (NSW) Services Pty Ltd (the employer or Transit West Services and Transit (NSW) Services) who would have formerly been employed under a State Award known as the State Transit Authority Senior and Salaried Officers’ Enterprise (State) Award 2021 at Tempe, Kingsgrove, Burwood, and Leichardt Bus Depots, in an area known as Region 6.

An issue regarding the coverage of the Application that arose regarding the scope of the proposed agreement was resolved in email correspondence between the parties. The RTBU dispatched an email dated 27 March 2023, which clarified the agreed number of employees covered by the proposed agreement, as being 99.

The Applicant filed copies of a petition of the 99 employees with the list of names of those in favour of the proposed agreement listed. The Commission carefully examined the petition provided by the RTBU and cross-checked the signatories and names against the list of the relevant employees. This process has resulted in the identification of a majority of the relevant employees who have signed the petition. Out of 99 Employees, 50 supported the determination.

In the circumstances, where the only issue identified by the Respondent was whether a majority existed, the Commission is satisfied that;

(a) a majority of the relevant employees want to bargain;

(b) the employer has not yet agreed to bargain;

(c) the group that comprises the relevant employees has been fairly chosen taking into account the geographical, operational, and organisational distinction of that group; and

(d) that it is reasonable in all circumstances to make the Majority Support Determination.

Therefore, the relevant requirements of ss. 236 and 237 of the Act have been met and the application must be granted.

Consequently, the Commission has separately issued a majority support determination.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Rail, Tram, and Bus Industry Union (RTBU) filed an application for a majority support determination against Transit Systems West Services Pty Ltd T/A Transit Systems. The application was lodged under section 236 of the Fair Work Act 2009 and sought to determine if a majority of employees who would have been covered by the State Transit Authority Senior and Salaried Officers’ Enterprise (State) Award 2021 supported the proposed agreement. These employees were employed at various bus depots in Region 6, namely Tempe, Kingsgrove, Burwood, and Leichardt.

The legal issues the Commission had to address included whether a majority of the relevant employees supported the proposed agreement, whether the employer had refused to negotiate, and whether the group of employees was fairly chosen. The RTBU submitted a petition signed by 50 out of the 99 employees, which was cross-checked by the Commission. The Commission concluded that the requirements of sections 236 and 237 of the Act were met, as the majority of employees supported the agreement, the employer had not agreed to bargain, and the group of employees was fairly chosen.

The Fair Work Commission, after reviewing the petition and confirming the number of signatories, found that a majority of the employees supported the proposed agreement, and thus granted the RTBU's application for a majority support determination. The Commission's decision was based on the fact that 50 out of the 99 relevant employees signed the petition in favour of the agreement, and no other objections were raised by the employer. The Commission's determination allows the RTBU to proceed with negotiations for a new enterprise agreement on behalf of the employees.

The Commission issued a majority support determination in favour of the RTBU, permitting the union to negotiate on behalf of the employees. This determination is a significant step towards reaching a new enterprise agreement, which will govern the terms and conditions of employment for the relevant employees.

Australian Rail, Tram, and Bus Industry Union v Transit Systems West Services Pty Ltd T/A Transit Systems

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established