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

CaseChat Overview and Summary

The case before the court was between the Australian Workers' Union and Altus Traffic Pty Ltd, which operates under the name Altus Traffic. The dispute centred around a proposed industrial action ballot among the employees of Altus Traffic. The Fair Work Commission was the tribunal tasked with resolving this matter.

The primary legal issue was whether the proposed industrial action ballot was lawful and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the ballot was conducted in a manner that was fair and reasonable, and if it adhered to the statutory requirements that govern protected industrial action.

The Fair Work Commission found that the ballot was conducted appropriately, in accordance with the law. The commission examined the process and found it to be fair and reasonable, meeting the necessary legal standards. Consequently, the commission ruled in favour of the union and upheld the legality of the proposed industrial action ballot. This decision ensures that the employees have the right to organise and participate in such actions within the confines of the law.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established