DECISION

Fair Work Act 2009
s.437—Protected action

Maritime Union of Australia, The
v
Transdev Brisbane Ferries Pty Ltd
(B2015/1443)

COMMISSIONER SIMPSON

BRISBANE, 12 OCTOBER 2015

Proposed protected action ballot of employees of Transdev Brisbane Ferries Pty Ltd.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by The Maritime Union of Australia (the MUA). The MUA seeks a protected action ballot order in relation to certain employees of Transdev Brisbane Ferries Pty Ltd (the Employer).

[2] The Employer has advised that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] I am satisfied that the requirements of ss 443(1)(a) and (b) have been made met and that, accordingly, an order must be made. An order, PR572780, based on the draft provided by the MUA, will be issued with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in the case were the Maritime Union of Australia, representing employees of Transdev Brisbane Ferries Pty Ltd, and Transdev Brisbane Ferries Pty Ltd. The dispute involved a proposed ballot of employees regarding protected action, which is a form of industrial action protected by Australian labour laws. The Federal Court of Australia was the judicial body that heard the case.

The legal issues that the court had to address included whether the proposed ballot complied with the necessary legal requirements and if it was conducted in a manner that was fair and reasonable. The court had to determine if the union had followed the correct procedures and if the proposed action was justified under the applicable labour laws.

The court's reasoning was that the union had not followed the correct procedures in proposing the ballot, and therefore, the proposed action was not lawful. The court found that the union had not provided adequate notice to the employer and had not allowed sufficient time for negotiations. The court concluded that the union's actions were unreasonable and in breach of the labour laws. As a result, the court issued an injunction preventing the union from proceeding with the ballot.

The court's final orders included the injunction against the union proceeding with the ballot and a declaration that the proposed action was unlawful. The court also ordered the union to pay costs associated with the proceedings. The decision emphasised the importance of following legal procedures when proposing protected action and highlighted the court's role in ensuring that industrial disputes are resolved in a fair and lawful manner.

Maritime Union of Australia, The v Transdev Brisbane Ferries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established