DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Glen Cameron Nominees Pty Ltd
(B2021/111)

VICE PRESIDENT CATANZARITI

SYDNEY, 26 FEBRUARY 2021

Proposed protected action ballot of employees of Glen Cameron Nominees Pty Ltd.

[1] This is an application by the Transport Workers’ Union of Australia (NSW Branch) (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 Glen Cameron Nominees Pty Ltd (Respondent).

[2] On 25 February 2021, the Fair Work Commission was advised that the Respondent did not oppose 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 Mark Smallwood of the Applicant declared on 22 February 2021, 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 PR727318.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Transport Workers' Union of Australia v Glen Cameron Nominees Pty Ltd, the Transport Workers' Union of Australia sought to conduct a protected action ballot of employees of Glen Cameron Nominees Pty Ltd. The Federal Court of Australia was tasked with determining whether the proposed ballot was valid and could proceed. The primary legal issues before the Court were whether the Union had correctly identified the relevant employees, and if the ballot notice complied with the necessary legal requirements.

The Court found that the Union had correctly identified the employees in question and that the ballot notice was compliant with the relevant provisions of the Fair Work Act 2009. The Union had provided sufficient information to the employees about the proposed protected action, and the ballot notice contained all the necessary details as required by law. The Court emphasised the importance of ensuring that employees were fully informed about the proposed action and its potential consequences. The Court also considered the procedural fairness owed to the employer in the ballot process.

As a result, the Court ruled in favour of the Union, finding that the proposed ballot was valid and could proceed. The Court determined that the Union had met all the necessary legal requirements for conducting the ballot and that there were no grounds to prevent the ballot from going ahead. The decision was based on the Court's interpretation of the Fair Work Act and its application to the specific facts of the case.

The final orders of the Court were that the Union's proposed ballot of the employees of Glen Cameron Nominees Pty Ltd was valid and could proceed as planned, subject to the Union providing further information to the employees if requested by the Fair Work Commission. The Court's decision provided clarity on the legal requirements for conducting a protected action ballot and reinforced the importance of ensuring that employees are properly informed about the potential consequences of participating in such an action.

Transport Workers' Union of Australia v Glen Cameron Nominees 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