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

[2016] FWC 1936

[2016] FWC 1936

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
(B2016/396)

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 31 MARCH 2016

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

[1] On 24 March 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 Broadspectrum (Australia) Pty Ltd (Broadspectrum/employer).

[2] The employees to be balloted are those employees of Broadspectrum who are:

1. Engaged as:

a. aircraft refuellers;
b. airfield support operators; and
c. runway sweeper Operators;

2. In the states of:

a. Victoria;
b. New South Wales;
c. Queensland; and
d. South Australia; and

3. Who would be subject to the proposed enterprise agreement; and

4. For whom the TWU is the bargaining representative.

[3] The respondent advised the Fair Work Commission (the Commission) on 29 March 2016, that it does not oppose the TWU’s application. On the basis that Broadspectrum does not oppose the issue of the order on the terms sought by the TWU, I have determined the matter on the basis of the documentation filed.

[4] The TWU’s application; which was filed by Ms. Therese Walton, National Negotiator for the TWU, stated that a number of negotiations and discussions have been attempted between the employer and the TWU with the intention of reaching an agreement. Ms. Walton stated that negotiations commenced on 11 May 2015 via teleconference with representatives from Broadspectrum. However, the TWU’s attempts for arrangement of further discussions were unsuccessful with Broadspectrum. In early August 2015, the TWU filed a s.437 application for protected action ballot orders, which were ultimately withdrawn when Broadspectrum undertook to arrange further negotiations with respect to a proposed enterprise agreement.

[5] Meetings were held on 8 December 2015 and 19 January 2016. At the 19 January 2016 meeting, Broadspectrum undertook to advise the TWU of its position in relation to matters pertaining to hours of work, overtime and the rate structure by 5 February 2016. It was agreed between the parties that further meetings would be futile until Broadspectrum had determined its position in relation to the matters in contention.

[6] Subsequently, the TWU filed a s.437 application for a protected action ballot order which was granted by the Commission on 2 March 2016 [PR577640].

[7] A Revocation Order [PR578343] in relation to that Order was subsequently issued by the Commission on 24 March 2016, on application by the TWU. The TWU submitted that there was an error in the employer list submitted to the Australian Electoral Commission which resulted in half of the employees to be balloted in one state being omitted.

[8] As stated above on 24 March 2016, the TWU filed a further s.437 application.

[9] 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 employers, being Broadspectrum (Australia) Pty Ltd.

Order to be made

[10] 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 sought must be made.

[11] An order [PR578429] based on the draft order provided by the TWU is issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A,  PR578428>