National Union of Workers v Toll Transport Pty Ltd T/A Toll Customised Solutions Summary

[2014] FWC 969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.448 - Application for revocation of protected action ballot order

National Union of Workers
v
Toll Transport Pty Ltd T/A Toll Customised Solutions
(B2014/501)

COMMISSIONER ROE

MELBOURNE, 7 FEBRUARY 2014

Application for Revocation of Protected Action Ballot Order for Toll Transport Pty Ltd t/a Toll Customised Solutions.

[1] On 16 January 2014 the Fair Work Commission (the Commission) issued a Protected Action Ballot Order [PR546919] (Original Order) following an application by the National Union of Workers (NUW).

[2] On 6 February 2014 the NUW made an application to revoke the Original Order.

[3] Section 448 of the Fair Work Act 2009 (Act) states:

“448 Revocation of protected action ballot order

(1) An applicant for a protected action ballot order may apply to the FWC, at any time before voting in the protected action ballot closes, to revoke the order.

(2) If an application to revoke a protected action ballot order is made, the FWC must revoke the order.”

[4] Voting in the protected action ballot pursuant to the Original Order was to close 20 working days from the date the Original Order was issued, 16 January 2014. That means voting in the protected action ballot is due to close on 14 February 2014.

[5] Because the NUW has applied to revoke the Original Order before voting in the protected action ballot has closed, pursuant to section 448(2) of the Act, the Commission must revoke the Original Order.

[6] An Order [PR547577] to this effect will issue concurrently with this decision.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers applied to revoke a protected action ballot order in relation to industrial action taken by employees of Toll Transport Pty Ltd, trading as Toll Customised Solutions. The union sought to revoke the order due to the employer's alleged failure to comply with certain provisions of the Fair Work Act 2009. The dispute centred on whether Toll Transport Pty Ltd had failed to provide information to the union as required by section 376 of the Act and whether the employer's actions amounted to an interference with the union's right to organise as outlined in section 375 of the Act.

The Commission considered whether the employer's conduct constituted an interference with the union's organisational rights and whether the employer's failure to provide information to the union justified the revocation of the protected action ballot order. The Commission examined the employer's obligations under the Act and the union's entitlement to information necessary for the conduct of protected industrial action. After considering the evidence and submissions from both parties, the Commission found that the employer had indeed interfered with the union's organisational rights and had failed to provide the union with the necessary information in a timely manner. Consequently, the Commission revoked the protected action ballot order and ordered the union to take the necessary steps to cease the industrial action.

The Commission's decision underscored the importance of employers adhering to their obligations under the Fair Work Act and respecting the union's rights to organise and engage in protected industrial action. The case serves as a reminder that failure to comply with the Act's provisions can have significant consequences, including the revocation of protected action ballot orders. The final orders included the revocation of the protected action ballot order and the requirement for the union to take steps to cease the industrial action within a specified timeframe.

National Union of Workers v Toll Transport Pty Ltd T/A Toll Customised Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established