Mr Justin Slater v Vic Roads

[2012] FWA 9400

[2012] FWA 9400

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.229—Application for a bargaining order

Mr Justin Slater
v
Vic Roads
(B2012/109)

DEPUTY PRESIDENT SMITH MELBOURNE, 5 NOVEMBER 2012

Travel expense allowances.

[1] Mr J. Slater sought a bargaining order designed to ensure the outcome of an earlier dispute in relation to travel expense allowances was included in the proposed agreement which was currently in the access period [see C2011/1129]. The matter was heard on 17 May 2012 and a decision announced on that day.

“Mr Slater, I don’t propose to issue the order you seek and I will issue my written reasons subsequently.” [Transcript PN41]

[2] My reasons were:

● The matter raised had been the subject of negotiations and a document was, at that time, before employees for approval.

● It was not sufficient that one of the bargaining representatives disagreed with the outcomes.

● Since the time of lodgement a vote had been taken with 91% of employees in favour of approving the agreement.

● Such an order would be beyond power.

[3] It was for these reasons that I dismissed the application.

COMMISSIONER

Appearances:

J. Slater the applicant.

E. Henderson on behalf of VicRoads.

Hearing details:

2012.

Melbourne:

May, 17.

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