Australian Workers' Union, The v Altus Traffic Pty Ltd T/A Altus Traffic

[2019] FWC 4662

[2019] FWC 4662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Workers' Union, The
v
Altus Traffic Pty Ltd T/A Altus Traffic
(B2019/522)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 4 JULY 2019

Proposed protected action ballot of employees of Altus Traffic Pty Ltd T/A Altus Traffic.

[1] This is an application by The Australian Workers Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Altus Traffic Pty Ltd T/A Altus Traffic (Respondent).

[2] On 4 July 2019, my Associate was advised that the Respondent had no statutory basis for their objections but objected to the application due to safety concerns.

[3] I have decided to determine the matters on the papers without holding a hearing.

[4] The Applicant contends that safety concerns are not a statutory barrier to a protection action ballot order being issued and thus are not a relevant consideration. The Applicant also notes that the Respondent has relief available to it under other provisions of the Act should any protected action pose a threat to safety.

[5] The Applicant is plainly correct. Safety concerns about the nature and impact of any proposed industrial action is not a relevant consideration under s.443 when the Commission is determining whether a protected action ballot order must be made. The Act separately contemplates the possibility of terminating or suspending industrial action that poses a relevant threat to safety under s.424.

[6] On the basis of the material before me, including the statutory declaration of Mr James Weissmann of the Applicant 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.

[7] An order has been separately issued in PR710019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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