Australian Rail, Tram and Bus Industry Union v Watco Australia Logistics Pty Ltd

[2024] FWC 2963

[2024] FWC 2963

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

Watco Australia Logistics Pty Ltd

(B2024/1387)

DEPUTY PRESIDENT ROBERTS SYDNEY, 25 OCTOBER 2024

Proposed protected action ballot of employees of Watco Australia Logistic Pty Ltd

1. This is an application by the Australian Rail, Tram and Bus Industry Union (ARTBIU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Watco Australia Logistics Pty Ltd (Watco or Employer).

1. On 25 October 2024, the Commission was advised that the Employer did not object to the Application subject to minor amendments to the proposed draft order. The Applicant advised that those amendments were consented to.

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

1. On the basis of the material before me, including the declaration of Kevin Thomas Pryor, Organiser, setting out the steps taken by the ARTBIU in bargaining with the Employer and that the ARTBIU has been, and is, genuinely trying to reach agreement with Watco, 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. I am also satisfied that the application was provided to the employer and the ballot agent in accordance with s.440 of the Act.

1. 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 Act and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 8 November 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR780604.

1. I will conduct the s.448A compulsory conciliation conference and will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 10 business days from the making of the Order and was the date which the parties consented to.

Printed by authority of the Commonwealth Government Printer

<PR780603>