Transport Workers' Union of Australia v Broadspectrum (Australia) Pty Ltd T/A Broadspectrum

[2017] FWC 1479

[2017] FWC 1479

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
v
Broadspectrum (Australia) Pty Ltd T/A Broadspectrum
(B2017/214)

DEPUTY PRESIDENT BULL PERTH, 15 MARCH 2017

Proposed protected action ballot of employees of Broadspectrum (Australia) Pty Ltd.

[1] On 14 March 2017, 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 employed by Broadspectrum (Australia) Pty Ltd (Broadspectrum).

[2] The employees to be balloted are members of the TWU employed by Broadspectrum in the classifications to be covered by the proposed agreement in the State of Western Australia, who will be subject to the proposed agreement and for whom the TWU is a bargaining agent.

[3] In support of its application, the TWU stated that the current enterprise agreement – Transfield Services (Australia) Pty Limited Western Australia Defence Store Operations Enterprise Agreement 2012 expired on 30 June 2015 and there have been at least five bargaining meetings, as well as numerous telephone conversations and emails, to try and negotiate a new enterprise agreement.

[4] By way of email dated 14 March 2017, Mr Zev Costi, acting on behalf of Broadspectrum, advised that they do not oppose the TWU application.

[5] 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 the company.

[6] Having regard to the evidence before me, I am satisfied that the requirements in s.443(1) of the Act have been met and, accordingly, an Order [PR591000] will be made.

DEPUTY PRESIDENT

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