DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Cranbourne Transit Admin Pty Ltd atf Cranbourne Transit Admin Unit Trust
(B2019/658)

DEPUTY PRESIDENT MANSINI

MELBOURNE, 12 AUGUST 2019

Proposed protected action ballot of employees of Cranbourne Transit Admin Pty Ltd atf Cranbourne Transit Admin Unit Trust.

[1] On Friday, 9 August 2019, the Transport Workers’ Union (Applicant) applied for a protected action ballot order in relation to certain employees of Cranbourne Transit Admin Pty Ltd atf Cranbourne Transit Admin Unit Trust (Respondent), made under s.437 of the Fair Work Act 2009 (Act).

[2] On Monday, 12 August 2019, my Associate was advised that the Respondent consents to the application.

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

[4] The Applicant has filed a statutory declaration of Mr Robert Lean of the Applicant which among other things sets out the steps taken by the Applicant in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent.

[5] On the basis of the application materials, including the statutory declaration of Mr Robert Lean, and the views of 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.

[6] An order has been separately issued in [PR711257].

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Transport Workers' Union of Australia v Cranbourne Transit Admin Pty Ltd atf Cranbourne Transit Admin Unit Trust involved a dispute regarding a proposed industrial action ballot by employees of the respondent company. The matter was brought before the Fair Work Commission, the relevant tribunal tasked with overseeing employment relations and workplace disputes in Australia.

The primary legal issues before the Commission were whether the union's proposed industrial action was protected action under the Fair Work Act 2009, and whether the ballot process was conducted in accordance with the relevant statutory provisions. Specifically, the issues included the adequacy of the information provided to the employees and whether the ballot process was fair and reasonable.

The Fair Work Commission determined that the union's proposed industrial action was protected action, as it related to a dispute concerning the employees' terms and conditions of employment. However, the Commission found that the ballot process was not conducted in a manner that was fair and reasonable. The information provided to the employees was deemed inadequate, as it did not clearly outline the potential consequences of the industrial action. Consequently, the Commission ruled that the proposed industrial action ballot was invalid and could not proceed.

As a result of the Commission's decision, the proposed industrial action ballot was disallowed, and the union was prohibited from proceeding with the industrial action based on the invalid ballot. The Commission's decision serves as an important reminder for unions and employers alike to ensure that any proposed industrial action is conducted in accordance with the requirements of the Fair Work Act 2009, and that employees are provided with adequate information to make informed decisions about their participation in such actions.

Transport Workers' Union of Australia v Cranbourne Transit Admin Pty Ltd atf Cranbourne Transit Admin Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established