Construction, Forestry, Maritime, Mining and Energy Union v Transdev Sydney Ferries Pty Ltd Summary

[2022] FWC 2262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v

Transdev Sydney Ferries Pty Ltd

(B2022/1267)

VICE PRESIDENT CATANZARITI

SYDNEY, 25 AUGUST 2022

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

This is an application by the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Transdev Sydney Ferries Pty Ltd (Respondent).

The Respondent did not oppose the application.

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

On the basis of the material before me, including the statutory declaration of Nathan Joseph Donato of the Applicant declared on 19 August 2022, 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.

An Order has been separately issued in PR745173.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting as the Maritime Union of Australia Division, applied for a protected action ballot order under section 437 of the Fair Work Act 2009. The application was made in relation to certain employees of Transdev Sydney Ferries Pty Ltd. The Respondent did not oppose the application, and the Vice President, Catanzariti, decided to determine the matter on the papers without holding a hearing. The primary issue for the Commission was whether the Applicant had met the requirements for a protected action ballot, including the notification time and the provisions of section 443(1) of the Act.

The Vice President examined the material before them, including the statutory declaration of Nathan Joseph Donato, which detailed the steps taken by the Applicant in bargaining with the Respondent and demonstrated that the Applicant had genuinely tried to reach an agreement. The Vice President was satisfied that the notification time in relation to the proposed agreement had been met and that the requirements of section 443(1) of the Act had been fulfilled. The Commission's reasoning was based on the evidence provided and the fact that the Respondent did not oppose the application.

As a result of the decision, an Order was issued in PR745173. The Commission granted the Applicant's application for a protected action ballot order, allowing the Maritime Union of Australia Division to proceed with the ballot for the proposed protected action. The final orders were made in accordance with the findings and reasoning of the Vice President.

Construction, Forestry, Maritime, Mining and Energy Union v Transdev Sydney Ferries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established