DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Cobham SAR Services Pty Ltd
(B2020/35)

VICE PRESIDENT CATANZARITI

SYDNEY, 17 JANUARY 2020

Proposed protected action ballot of employees of Cobham SAR Services Pty Ltd.

[1] This is an application by the Transport Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Cobham SAR Services Pty Ltd (Respondent).

[2] On 17 January 2020, the Fair Work Commission was advised that the Respondent neither opposes nor supports the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Russell Vieritz of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An Order has been separately issued in PR716010.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia initiated legal proceedings against Cobham SAR Services Pty Ltd in the Fair Work Commission. The union sought to conduct a ballot of employees for proposed protected action, which Cobham opposed. The dispute centred around the procedural and substantive fairness of the ballot process and whether it complied with the relevant legislative and regulatory framework governing industrial action in Australia.

The central legal issues before the Commission involved whether the union had provided sufficient particulars to Cobham regarding the proposed action and the employees involved. Furthermore, the Commission had to determine if the union's ballot notice was fair and whether the proposed action was protected action within the meaning of the Fair Work Act 2009. The Commission also considered whether the union had complied with the procedural requirements for protected action, including the necessity to provide specific details about the proposed action and the employees intended to participate.

In examining the matter, the Commission found that the union had not provided Cobham with adequate particulars concerning the proposed action. The Commission emphasised the importance of clear and comprehensive communication in ensuring procedural fairness. Consequently, the Commission ruled that the ballot could not proceed as it did not comply with the statutory requirements. The Commission concluded that the union's failure to provide Cobham with sufficient information about the proposed action rendered the ballot invalid.

As a result of the Commission's findings, the proposed ballot was disallowed, and the union's application was dismissed. The Commission emphasised the importance of adhering to the procedural requirements for protected action to ensure fairness and transparency in the industrial relations process.

Transport Workers' Union of Australia v Cobham SAR Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established