Construction, Forestry and Maritime Employees Union v Transdev Sydney Ferries Pty Ltd T/A Transdev Sydney Ferries

[2025] FWC 284

[2025] FWC 284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry and Maritime Employees Union
v

Transdev Sydney Ferries Pty Ltd T/A Transdev Sydney Ferries

(B2025/193)

COMMISSIONER P RYAN SYDNEY, 31 JANUARY 2025

Proposed protected action ballot of employees of Transdev Sydney Ferries Pty Ltd

1. The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application under s.437 of the Fair Work Act 2009 (FW Act) for a protected action ballot order in relation to certain employees of Transdev Sydney Ferries Pty Ltd (Transdev) (Application).

1. I note that the Australian Municipal, Administrative, Clerical and Services Union has made a separate application[1] for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 30 January 2025, the Transdev advised the Commission that it did not object to the Application but sought that the period of written notice referred to in s.414(2)(a) be extended to 5 days under s.443(5) of the FW Act.

1. The CFMEU opposed any extension of the period of written notice.

1. On 31 January 2025, Transdev withdrew its request for an extension to the period of written notice.

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 Nathan Donato, Assistant Branch Secretary, setting out the steps taken by the CFMEU in bargaining with Transdev and that it has been, and is, genuinely trying to reach agreement with Transdev, 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 FW Act have been met.

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 FW Act and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the FW Act, the Commission has determined that the date by which voting is to close is 11 February 2025.[2] This also establishes the ballot period for the purpose of s.448A(2) of the FW Act.

1. An Order has been separately issued in PR783888.

1. This matter will proceed to a s.448A compulsory conciliation conference along with the other related matter. An Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference will be issued in due course. Furthermore, Directions will be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

COMMISSIONER

[1] B2025/194.

[2] This is 7 working days from the making of the Order and was the date sought in the Application.

Printed by authority of the Commonwealth Government Printer

<PR783887>