Transport Workers' Union of Australia (TWU) v Veolia Transport (NSW) Pty Ltd

[2010] FWA 9045

[2010] FWA 9045

FAIR WORK AUSTRALIA

DECISION

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

Transport Workers’ Union of Australia (TWU)
v
Veolia Transport (NSW) Pty Ltd
(B2010/3613)

COMMISSIONER CAMBRIDGE SYDNEY, 25 NOVEMBER 2010

Proposed protected action ballot by employees of Veolia Transport (NSW) Pty Ltd.

[1] The following is an edited text of the extempore Decision delivered during proceedings held in this matter on 18 November 2010.

[2] Having regard for the short time frame that the Act envisages for the determination of one of these matters, I believe it is appropriate to provide for an extempore determination of the contested position today. That extempore determination is provided in the following terms.

[3] In this matter there has been objection taken to the making of a protected action ballot Order. That objection has been based upon an alleged absence of factual circumstances to satisfy the provisions of section 443(1)(b) of the Act. That is manifest in this case in that the TWU has not nor is not, genuinely trying to reach an agreement with Veolia Transport NSW Pty Ltd. That is the nub of the allegation made as basis against granting the application.

[4] Having heard the evidence from the Parties, I have determined that as a factual finding, the basis of the objection cannot be sustained. In summary, the evidence has revealed little more than what could be described as the usual dynamics of enterprise bargaining negotiations, albeit slowed somewhat by conduct that at different times can be attributed to both Parties.

[5] Therefore the application is granted and Orders [PR504000] will be issued accordingly. The proceedings are now adjourned.

COMMISSIONER

Appearances:

Mr. O. Fagir (Solicitor - TWU) for the Applicant.

Mr. N. Chadwick (Solicitor - Chadwick Workplace Law) for the Respondent.

Hearing details:

Thursday 18 November 2010

Printed by authority of the Commonwealth Government Printer

<Price code A, PR504297>