DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia – New South Wales Branch
v
Hurd Haulage Pty Ltd T/A Hy-Tec Concrete and Aggregates
(B2019/458)

VICE PRESIDENT CATANZARITI

DARWIN, 13 JUNE 2019

Proposed protected action ballot of employees of Hurd Haulage Pty Ltd T/A Hy-Tec Industries.

[1] This is an application by the Transport Workers’ Union of Australia – New South Wales Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Hurd Haulage Pty Ltd T/A Hy-Tec Concrete and Aggregates (Respondent).

[2] On 11 June 2019, the Fair Work Commission was advised that the Respondent does not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Ray Fitzpatrick 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.

[5] An order has been separately issued in PR709246.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered a case involving a proposed protected action ballot of employees of Hurd Haulage Pty Ltd T/A Hy-Tec Concrete and Aggregates. The Transport Workers' Union of Australia New South Wales Branch sought authorisation to conduct a ballot among employees to determine their support for potential industrial action. Hurd Haulage opposed the ballot, citing concerns about the potential impact on operations and the validity of the ballot process.

The primary legal issue was whether the proposed ballot met the requirements of the Fair Work Act 2009, specifically whether the ballot was for an industrial action that was protected under the Act. The FWC needed to determine if the proposed action was genuinely related to the employees' employment or proposed employment, and whether it complied with the procedural requirements outlined in the Act. Additionally, the FWC had to consider whether the ballot was necessary and appropriate, given the circumstances of the dispute.

The FWC examined the nature of the proposed industrial action and the terms of the ballot. It considered the arguments of both parties and assessed whether the proposed ballot was in compliance with the Act. The Commission found that the proposed ballot met the criteria for protected action under the Act. The FWC authorised the ballot, concluding that the proposed action was genuinely related to the employees' employment and that the procedural requirements had been met. The FWC determined that the ballot was necessary and appropriate to ascertain the employees' support for the proposed action.

In summary, the FWC authorised the Transport Workers' Union of Australia New South Wales Branch to conduct a ballot among the employees of Hurd Haulage Pty Ltd T/A Hy-Tec Concrete and Aggregates. The FWC found that the proposed industrial action was genuinely related to the employees' employment and that the ballot complied with the requirements of the Fair Work Act 2009.

Transport Workers' Union of Australia New South Wales Branch v Hurd Haulage Pty Ltd T/A Hy-Tec Concrete and Aggregates

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established