Transport Workers' Union of Australia v Busways Blacktown Pty Ltd T/A Busways Group

[2016] FWC 4605

[2016] FWC 4605

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
v
Busways Blacktown Pty Ltd T/A Busways Group; Busways Blacktown North Pty Ltd T/A Busways Group; Busways Campbelltown Pty Ltd T/A Busways Group; Busways Campbelltown South Pty Ltd T/A Busways Group; Busways Camden Pty Ltd T/A Busways Group; Busways Camden South Pty Ltd T/A Busways Group; Busways Gosford Pty Ltd T/A Busways Group; Busways Gosford North Pty Ltd T/A Busways Group; Busways Wyong Pty Ltd T/A Busways Group; Busways Wyong North Pty Ltd T/A Busways Group
(B2016/705)

DEPUTY PRESIDENT BULL SYDNEY, 12 JULY 2016

Proposed protected action ballot of employees of Busways Blacktown Pty Ltd, Busways Blacktown North Pty Ltd, Busways Campbelltown Pty Ltd, Busways Campbelltown South Pty Ltd, Busways Camden Pty Ltd,Busways Camden South Pty Ltd, Busways Gosford Pty Ltd, Busways Gosford North Pty Ltd, Busways Wyong Pty Ltd and Busways Wyong North Pty Ltd t/as Busways Group.

[1] On 8 July 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 employed by the following companies;

1. Busways Blacktown Pty Ltd;

2. Busways Blacktown North Pty Ltd;

3. Busways Campbelltown Pty Ltd;

4. Busways Campbelltown South Pty Ltd;

5. Busways Camden Pty Ltd;

6. Busways Camden South Pty Ltd;

7. Busways Gosford Pty Ltd;

8. Busways Gosford North Pty Ltd;

9. Busways Wyong Pty Ltd;

10. Busways Wyong North Pty Ltd.

[2] The employees to be balloted are those employees of the aforementioned companies who are members of the TWU and who are currently employed under the Busways Group (Sydney) and the Transport Workers’ Union Fair Work Agreement 2012.

[3] In support of its application, the TWU filed a statement made by Mr Nimrod Nyols (signed 8 July 2016) Union Official for the TWU. Mr Nyols’ statement advised that the current enterprise agreement – Busways Group (Sydney) and the Transport Workers’ Union Fair Work Agreement 2012 expired on 30 June 2016. Mr Nyols stated that discussions had been convened in view of negotiating a new replacement agreement on:

1. 24 March 2016; and

2. 22 April 2015.

[4] By way of email dated 11 July 2016, Mr David Collins, acting on behalf of the companies, advised that they did not object to 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 companies.

[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 [PR582601] will be made.

DEPUTY PRESIDENT

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