Glenn Ferguson

[2020] FWC 3289

[2020] FWC 3289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.229—Bargaining order

Glenn Ferguson
(B2020/39)

COMMISSIONER WILLIAMS PERTH, 23 JUNE 2020

Application for a bargaining order.

[1] This matter concerns an application for bargaining orders made under section 229 of the Fair Work Act 2009 (the Act).

[2] The Applicant’s submissions and other materials in support of this application were filed with the Commission on 20 May 2020.

[3] The matter has not yet been set down for hearing nor has Keolis Downer Pty Ltd T/A Path Transit Pty Ltd (the Employer) yet filed materials in reply.

[4] On 8 June 2020 the Employer advised the Commission by letter that it had put an agreement to its employees which had been approved by a majority ballot. The Employer advised that the Applicant had been informed of this outcome on 5 June 2020 and it will be making an application for the agreement to be approved by the Commission.

[5] The Commission’s records show that an application was made under section 185 of the Act to approve the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2019 – Morley. This application is identified as application AG2020/1728.

[6] The Employer stated it believed this application consequently has no more work to do and should be discontinued.

[7] On 16 June 2020 my associate by email to the Applicant’s lawyers requested the Applicant provide his view on the suggestion the matter now be discontinued.

[8] By emailed letter dated 19 June 2020, received by the Commission on Monday 22 June 2020, the Applicant’s lawyers advised that the Applicant does not intend to discontinue his application.

[9] Given the agreement has been approved by the employees, bargaining is not currently happening. Further any order the Commission may at its discretion make following the future hearing and determination of this application would cease to be in operation if and when the agreement is approved by the Commission. 1

[10] Consequently the Commission, on its own initiative under section 589 of the Act, has decided in all the circumstances that it is appropriate to adjourn this matter until application AG2020/1728 has been determined by the Commission.

Printed by authority of the Commonwealth Government Printer

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 1   Section 232(b)(ii) of the Act.