Transport Workers' Union of Australia v Border Express

[2016] FWC 2811

[2016] FWC 2811

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
v
Border Express
(B2016/505)

DEPUTY PRESIDENT BULL SYDNEY, 5 MAY 2016

Proposed protected action ballot of employees of Border Express Pty Ltd.

[1] On 4 May 2016, an application pursuant to s.437 of the Fair Work Act 2009 (theAct) was filed by the Transport Workers’ Union of Australia (TWU) for a protected action ballot order in relation to certain employees of Border Express Pty Ltd (Border Express/employer).

[2] The employees to be balloted are those employees of Border Express who are members of the TWU and for whom the TWU is a bargaining representative in a proposed new enterprise agreement set to replace the Border Express Pty Ltd Transport Employees Sydney and Newcastle Site Agreement 2012-2015.

[3] In support of its application, the TWU filed a statement made by Ali Noyes (dated 13 April 2016) Union Official for the TWU and representative for members of the TWU employed by Border Express. Ali Noye’s statement advised that the current enterprise agreement – Border Express Pty Ltd Transport Employees Sydney and Newcastle Site Agreement 2012-2015 expired on 19 April 2016. Ali Noyes stated that a number of negotiations and discussions have been convened between Border Express and the TWU in the negotiating of a new replacement agreement. These include meetings being held on:

1. 23 February 2016;

2. 15 March 2016;

3. 5 April 2016;

4. 13 April 2016; and

5. 27 April 2016.

[4] By way of email on 4 May 2016, I sought the views of Border Express and asked whether it opposed the application made by the TWU.

[5] By way of email dated 5 May 2016, Australian Industry Group, acting on behalf of Border Express, advised that it did not object to the TWU application.

[6] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the TWU, that the TWU has been and is, genuinely trying to reach an agreement with Border Express.

[7] Having regard to the evidence before me, I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the Order must be made.

[8] An Order [PR580021] based on the amended draft Order provided by the TWU is issued in accompaniment with this decision.

DEPUTY PRESIDENT

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<Price code A, PR580022>