Transport Workers' Union of Australia

[2018] FWC 2032

[2018] FWC 2032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
(B2018/238)

DEPUTY PRESIDENT ASBURY BRISBANE, 9 APRIL 2018

Proposed protected action ballot of employees of Chalmers Industries Pty Ltd.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Transport Workers' Union of Australia (the TWU). The TWU seeks a protected action ballot order in relation to certain employees of Chalmers Industries Pty Ltd (the Employer).

[2] On 6 April 2018 correspondence was received from the Employer advising that it objects to the proposed orders sought by the TWU. At 12.13 pm on 6 April 2018, I issued directions requiring the Employer to file material stating the grounds on which it objected to the proposed order, and the application was listed for Hearing on 9 April 2018 in Brisbane.

[3] At the hearing Mr Lee Norris, Legal Officer appeared for the TWU and Mr Greg Smith, Queensland State Manager, appeared for the Employer.

[4] The Employer submits that it has been negotiating in good faith and that negotiations had been progressing. In its written submissions, the Employer states that while it respects the right of the workforce to exercise their industrial rights at a time when disagreement exists, this is not the current situation. The Employer submits there is considerable potential for a significant impact on the Employers business if the order is made. Apart from this submission, there was no objection from the Employer that would provide a basis upon which this Commission could not be satisfied that the requirements of s.443(1) of the Act had been met, or any objection to the content or form of the questions on the proposed ballot.

[5] The TWU filed a Statement of Mr Robert Fitzpatrick in support of the application. Mr Fitzpatrick is the Organiser who has responsibility for representing the industrial interests of members of the TWU employed by the Employer. Mr Fitzpatrick attended the hearing and was cross-examined. On the basis of the information provided by Mr Fitzpatrick I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR601845] will issue at the same time as this decision.

DEPUTY PRESIDENT

Appearances:

Mr L Norris for the Transport Workers' Union of Australia.

Mr G Smith for Chalmers Industries Pty Ltd.

Hearing details:

2018.

9 April.

Brisbane.

Printed by authority of the Commonwealth Government Printer

<PR601844>