Transport Workers' Union of Australia v CDC Mildura Pty Ltd

[2025] FWC 2714

[2025] FWC 2714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v
CDC Mildura Pty Ltd; CDC Ballarat Pty Ltd; CDC Geelong Pty Ltd; CDC Oakleigh Pty Ltd; CDC Sunshine Pty Ltd; CDC Tullamarine Pty Ltd; CDC Wyndham Pty Ltd; CDC Victoria East Pty Ltd; CDC Victoria West Pty Ltd; CDC Victoria North-West Pty Ltd

(B2025/1428)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 12 SEPTEMBER 2025

Proposed protected action ballot of employees of 10 related bus transport employers in Victoria.

1. This is an application by the Transport Workers' Union of Australia (TWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the following employers:

·CDC Mildura Pty Ltd

·CDC Ballarat Pty Ltd

·CDC Geelong Pty Ltd

·CDC Oakleigh Pty Ltd

·CDC Sunshine Pty Ltd

·CDC Tullamarine Pty Ltd

·CDC Wyndham Pty Ltd

·CDC Victoria East Pty Ltd

·CDC Victoria West Pty Ltd and

·CDC Victoria North-West Pty Ltd

1. The employers (collectively CDC or Employers), are related entities who operate bus and transport services in Victoria and are bargaining for a single enterprise agreement.

1. I note that the TWU[1] and the Independent Transport Union[2] (ITU) have each made separate applications for protected action ballot orders in relation to the same proposed agreements.

1. On 12 September 2025, the Commission was advised that CDC did not object to the Application, on the basis that they had reached a consent position with the TWU whereby the proposed order would establish an extended notice period of 7 calendar days for taking protected industrial action. This was based upon CDC’s contention that there were exceptional circumstances justifying the extension. The TWU subsequently confirmed its consent to the Commission.

1. In the circumstances, I have decided to grant leave to amend the application and determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Isobel Riggall, Legal Officer, setting out the steps taken by the TWU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with CDC, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met. 

1. The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot. 

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 1 October 2025.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act. 

1. Having regard to the consent position reached on the extended notice period, I am satisfied that there are exceptional circumstances justifying the minimum period of written notice referred to in s.414(2)(a) of the Act being longer than 3 working days. Pursuant to s.443(5), the period of notice required under s.414(2)(b) of the Act in each case of industrial action arising from the questions in clause 5 of the Order will be 7 calendar days.

1. An Order has been separately issued in PR791687.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] B2025/731 and B2025/1050.

[2] B2025/1150.

[3] This is, in effect, 12 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR791690>