Transport Workers' Union of Australia v Australian Capital Territory

[2023] FWC 1314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia
v

Australian Capital Territory

(B2023/491)

VICE PRESIDENT CATANZARITI

SYDNEY, 2 JUNE 2023

Proposed protected action ballot of employees of Australian Capital Territory

This is an application by the Transport Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Australian Capital Territory (Respondent).

On 31 May 2023, the Fair Work Commission was advised that the Respondent neither consented nor objected to the application.

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

On the basis of the material before me, including the statutory declaration of Benjamin Sweaney of the Applicant declared on 18 May 2023, 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.

An Order has been separately issued in PR762776.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers’ Union of Australia applied to the Fair Work Commission for a protected action ballot order concerning certain employees of the Australian Capital Territory. The matter was decided on the papers without a hearing, as the Australian Capital Territory neither consented nor objected to the application. The Union argued it had been genuinely attempting to reach an agreement with the Respondent and met the notification time requirements under the Fair Work Act 2009.

The legal issues before the Commission were whether the Union had fulfilled its obligations to notify the Commission of a proposed agreement and whether the requirements under section 443(1) of the Act had been satisfied. The Union provided a statutory declaration outlining its bargaining process and its efforts to reach an agreement with the Australian Capital Territory.

The Commission found that the Union had met the notification time requirements and had been genuinely attempting to reach an agreement with the Respondent. It was satisfied that the Union had fulfilled its obligations under the Act. Therefore, the Commission decided to grant the Union's application for a protected action ballot order.

The Fair Work Commission issued an Order in PR762776, granting the Transport Workers’ Union of Australia's application for a protected action ballot order in relation to certain employees of the Australian Capital Territory.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established