Norman Murray v Surfside Buslines Pty Ltd

[2023] FWC 536

[2023] FWC 536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Norman Murray
v

Surfside Buslines Pty Ltd

(B2023/173)

COMMISSIONER HUNT BRISBANE, 3 MARCH 2023

Proposed protected action ballot of employees of Surfside Buslines Pty Ltd

1. Mr Norman Murray has made an application under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Surfside Buslines Pty Ltd (the Respondent). The application was accompanied by a statutory declaration of Mr Murray, an independent employee bargaining representative.

1. The Respondent notified objections, one being that there is already an existing protected action ballot order made for Mr Murray in the matter of B2022/1171. Mr Murray advised the purpose of the new application is to include an additional 20 individuals who have now nominated him as their bargaining representative in negotiations with the Respondent. 

1. The matter was listed to be heard on 7 March 2023.  On 3 March 2023, the parties wrote to my chambers advising that they had reached a consent position in respect of all objections the Respondent had held. 

1. On the basis of the material before me, including the declaration of Mr Murray, setting out the steps taken by Mr Murray in bargaining with the Respondent and confirming that Mr Murray has been, and is, genuinely trying to reach agreement with the Respondent, I am also satisfied there is a notification time in relation to the proposed agreement and the requirements in s.443(1) of the Act have been met.

1. I am satisfied that Mr Murray has given notice in accordance with s.440 of the Act.

1. As stipulated, the parties reached a consent position regarding the period of written notice being longer than three working days for some of the questions within the order. The parties considered it appropriate for the Respondent to be provided with five working days’ notice in respect of some questions.

1. Section 443(5) of the Act gives the Commission the discretion, where it is satisfied there are exceptional circumstances justifying the period of written notice being longer than three days, to specify a longer period of up to seven working days’ notice.

1. In my view, specifying a longer period of notice for some of the questions within the Order is justified by the particular exceptional circumstances in this case as detailed in the Employer’s response, particularly ensuring that appropriate contingency arrangements are put in place and to ensure that users of the Respondent’s services can be notified of any planned protected industrial action.

1. The protected action ballot order will specify a required period of notice of at least five working days for questions 2, 3, 4, 5 and 6. The protected action ballot order will specify a required period of notice of at least three working days for question 1.

1. The Order [PR760026] will be issued concurrently with this decision.

COMMISSIONER

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