“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Kelsian Group Limited T/A Torrens Transit Services Pty Ltd

[2023] FWC 352

[2023] FWC 352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v

Kelsian Group Limited T/A Torrens Transit Services Pty Ltd

(B2023/100)

DEPUTY PRESIDENT CLANCY MELBOURNE, 13 FEBRUARY 2023

Proposed protected action ballot of employees of Kelsian Group Limited T/A Torrens Transit Services Pty Ltd.

1. This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Kelsian Group Limited T/A Torrens Transit Services Pty Ltd (Respondent).

1. On 10 February 2023, the Respondent advised my Chambers that it sought clarification from the Applicant in relation to the industrial action specified in proposed actions 7 and 9 of the draft order accompanying the application. The Respondent also raised safety concerns in relation to the industrial action specified action identified in proposed actions 6 and 8. I caused correspondence to be sent to the Applicant requesting it provide clarification in relation to proposed actions 7 and 9 and inviting comments in respect of the Respondent’s concerns relating to proposed actions 6 and 8. The Applicant’s correspondence in reply resulted in me determining to hold a Mention. I conducted the Mention on 13 February 2023, during which I discussed the above matters with the parties and some others subsequently raised. 

1. The Applicant subsequently proposed an amended form of wording for proposed questions 7 and 9 in response and as I had foreshadowed at the Mention, I have proceeded to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Mark Plunkett 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.

1. An order has been separately issued in PR750489.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR750488>