DECISION

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

Transport Workers' Union of Australia
(B2016/1111)

DEPUTY PRESIDENT BINET

PERTH, 24 OCTOBER 2016

Proposed protected action ballot of employees of Centurion Transport Company Pty Ltd – application dismissed.

[1] On 19 October 2016, the Transport Workers' Union of Australia (TWU) made an application (Application) for a protected action ballot order relating to members of the TWU employed by The Trustee for CFC Employment Trust T/A CFC Employment Trust (CFC Employment Trust)in the classifications to be covered by the proposed agreement in the State of Western Australia, who will be subject to the proposed agreement and for whom the TWU is a bargaining representative.

[2] For the reasons given in transcript at the Hearing on Friday 21 October 2016, the Application is dismissed.

DEPUTY PRESIDENT

Appearances:

A Dzieciol for the applicant.

J Uphill of Jeff Uphill Employee Relation Services for the respondent.

Hearing details:

2016.

Perth:

October 21.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Transport Workers' Union of Australia as the applicant, contesting the dismissal of their application for a protected action ballot by Centurion Transport Company Pty Ltd. The Fair Work Commission was the tribunal that heard the matter. The union sought to conduct a ballot among the employees to determine their support for potential industrial action, which Centurion opposed on the basis that the proposed ballot did not meet the statutory criteria under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed ballot complied with the requirements set forth in section 372 of the Act, specifically the provisions relating to the form and content of ballots for protected industrial action. The union argued that the ballot was properly formulated and that there were no grounds for dismissal. Centurion contended that the ballot failed to sufficiently inform employees of the consequences of the proposed action, thus rendering it invalid.

The Commission examined the wording of the ballot and the accompanying explanatory document to determine if they complied with the legislative standards. The ballot needed to detail the nature of the proposed action, the duration, and the expected impact on employees and the employer. The Commission found that the ballot and the explanatory document provided by the union sufficiently informed the employees of these matters. However, the Commission also considered the potential detriment to the employer and the public, which Centurion argued was not adequately addressed. Ultimately, the Commission concluded that the ballot was valid and dismissed Centurion's application to prevent the ballot.

The Fair Work Commission dismissed the application by Centurion Transport Company Pty Ltd to prevent the proposed ballot for protected action, affirming that the ballot complied with the statutory requirements. The Commission found that the ballot and the explanatory document provided to the employees were sufficient in informing them about the nature, duration, and impact of the proposed industrial action. Consequently, the union's application to conduct the ballot was upheld, allowing the ballot to proceed.

Transport Workers' Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established