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

[2019] FWC 6907

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

(B2019/1161)

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 PR713082.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of National Union of Workers v Toll Transport Pty Ltd T/A Toll Global Logistics, the dispute arose from a proposed industrial action ballot conducted by the union on behalf of employees of Toll Transport Pty Ltd. The Fair Work Commission (FWC) was tasked with determining the validity of the union's ballot and whether the proposed action was protected action under the Fair Work Act 2009 (Cth). The union sought to organise a series of strikes and other industrial actions in relation to a dispute over the terms and conditions of employment for certain employees of the respondent company.

The primary legal issue before the FWC was whether the proposed industrial action was genuinely undertaken for the purposes of a trade dispute, as required by section 365 of the Fair Work Act. The FWC had to assess whether the union's ballot was reasonably related to the trade dispute and whether it was conducted in accordance with the provisions of the Act. Additionally, the court needed to determine whether the union had followed the necessary procedural requirements for conducting a protected action ballot, including providing the requisite notice to the employer and the FWC.

The FWC found that the union's ballot was genuinely undertaken for the purposes of a trade dispute, as it was related to the employees' terms and conditions of employment. The court noted that the union had followed the necessary procedural requirements and had provided adequate notice to the employer and the FWC. The FWC held that the proposed industrial action was protected action under the Fair Work Act and was therefore valid. The union was granted permission to conduct the ballot and organise the proposed industrial action.

The FWC's decision was based on a careful consideration of the evidence presented by both parties and a thorough analysis of the relevant provisions of the Fair Work Act. The court found that the union had acted in accordance with the Act and had followed the necessary procedural requirements for conducting a protected action ballot. The FWC's decision provides important guidance for unions and employers in relation to the conduct of industrial action and the requirements for a valid protected action ballot under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established