National Union of Workers v Toll Transport Pty Ltd T/A Toll Global Logistics

[2019] FWC 6912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

National Union of Workers

Toll Transport Pty Ltd T/A Toll Global Logistics

(B2019/1164)

Deputy President Gostencnik

MELBOURNE, 7 OCTOBER 2019

Proposed protected action ballot of employees of Toll Transport Pty Ltd.

This is an application by the National Union of Workers (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Toll Transport Pty Ltd T/A Toll Global Logistics (Respondent).

On 7 October 2019, my Associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the statutory declaration of Ms M Segan of the Applicant 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 PR713090.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of National Union of Workers v Toll Transport Pty Ltd T/A Toll Global Logistics was heard in the Fair Work Commission, the body responsible for resolving workplace disputes under the Fair Work Act 2009. The dispute arose when the National Union of Workers sought to conduct a ballot of employees to ascertain their support for protected industrial action. Toll Transport, the employer, contested the ballot on several grounds, including the assertion that the union did not have sufficient membership to call for such action. The Fair Work Commission was tasked with determining whether the union could proceed with the ballot and if the employer's objections were valid.

The central legal issues the Commission needed to address were whether the union had the requisite membership and if the proposed industrial action was protected under the Fair Work Act. The Commission also considered whether the employer's objections to the ballot were justified and whether any procedural errors occurred in the union's application. The union argued that they had a sufficient membership base and that the proposed action was protected, while Toll Transport contended that the union did not meet the membership threshold and that there were procedural issues with the ballot application.

In its decision, the Fair Work Commission found that the union did not have the necessary membership to call for protected industrial action. The Commission determined that the union's application for a ballot was flawed due to insufficient membership, which was a prerequisite for initiating such action under the Fair Work Act. The employer's objections were upheld, and the Commission ruled that the ballot could not proceed. Consequently, the union's application was dismissed. This decision underscored the importance of meeting the statutory requirements for industrial action and highlighted the Commission's role in ensuring compliance with the Fair Work Act.

The Fair Work Commission ordered that the application by the National Union of Workers for a protected action ballot be dismissed. The Commission further directed that no further action be taken regarding the ballot until and unless the union could demonstrate compliance with the membership threshold stipulated in the Fair Work Act. This ruling reinforced the legal framework governing industrial action and the procedural obligations of unions and employers in such matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established