DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
B & G Christians Pty Ltd T/A Christians Bus Co.
(B2019/657)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 12 AUGUST 2019

Proposed protected action ballot of employees of Christians Bus Co.

[1] This is an application by the Transport Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of B & G Christians Pty Ltd T/A Christians Bus Co. (Respondent).

[2] On 12 August 2019, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr Robert Lean 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 PR711251.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia, acting on behalf of its members who were employees of B & G Christians Pty Ltd trading as Christians Bus Co, sought an order from the court to require the company to facilitate a ballot of its employees regarding proposed protected action. The dispute arose when the union proposed a ballot to determine whether the employees wished to engage in protected industrial action. The company, however, objected to the ballot, asserting that it did not meet certain statutory requirements and that the union's proposal was not in good faith.

The court was required to determine whether the union's ballot proposal was valid and whether the company was obligated to facilitate the ballot. Central to this determination was the interpretation of relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, which govern industrial action and the facilitation of ballots by employers. The court also had to consider whether the union's proposal was made in good faith and whether it complied with the procedural requirements stipulated by the legislation.

In examining the union's proposal, the court found that it did not comply with the statutory requirements for a valid ballot. The union had failed to provide the requisite information regarding the proposed action, and the ballot notice did not include the necessary details about the action's nature, duration, and impact. Additionally, the court concluded that the union's proposal was not made in good faith because it lacked sufficient particulars. Consequently, the court ruled that the company was not required to facilitate the ballot as proposed by the union. The court's decision was based on the legislative requirements for ballot proposals and the necessity for good faith in the union's actions.

The court's decision effectively dismissed the union's application, finding that the proposed ballot did not meet the statutory criteria and was not made in good faith. No further orders were made, as the primary relief sought by the union was denied based on the court's findings.

Transport Workers' Union of Australia v B & G Christians Pty Ltd T/A Christians Bus Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established