Transport Workers' Union of Australia v GTS Freight Management Pty Ltd

[2012] FWA 8175

[2012] FWA 8175

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.236—Majority support determination

Transport Workers’ Union of Australia
v
GTS Freight Management Pty Ltd
(B2012/1422)

COMMISSIONER LEE MELBOURNE, 21 SEPTEMBER 2012

Application for majority support determination - GTS Freight Management Pty Ltd - ballot of employees conducted by AEC - results declared - application dismissed

[1] On 25 July 2012, the Transport Workers’ Union of Australia (TWU) made application to Fair Work Australia for a majority support determination. The Respondent is GTS Freight Management Pty Ltd (the Respondent). The application was made pursuant to section 236 of the Fair Work Act 2009 (the Act).

[2] The matter was heard before me on 1 August 2012. After hearing submissions and evidence from both parties, I delivered an ex tempore decision in which I ordered the Australian Electoral Commission (AEC) to hold a ballot of affected employees to determine whether there is majority support to bargain. An Order 1 for the ballot was issued on 3 August 2012, and my oral decision was subsequently published2 on 9 August 2012.

[3] On 27 August 2012, the Returning Officer from the Australian Electoral Commission declared the outcome of the ballot as follows;

Number of employees on the roll of voters	115
Ballot papers admitted to scrutiny	65
Number of voters wanting to bargain (Yes Votes)	30
Number of voters not wanting to bargain (No Votes)	34
Number of informal ballot papers	1

[4] On 30 August 2012, I advised the parties that, on the basis of the declaration of results received from the AEC, I proposed to dismiss the application. I advised that I would list the matter for attendance hearing if either party sought to be heard further as to why I should not dismiss the application.

[5] On 31 August 2012, I received correspondence from the TWU requesting an attendance hearing, based on two grounds. I listed the matter for hearing before me on 24 September 2012.

[6] On 12 September 2012, I received correspondence from the Victorian Employers’ Chamber of Commerce and Industry on behalf of the Respondent, seeking that matter be heard on the papers.

[7] On 17 September 2012, I wrote to all parties, seeking further particulars from the TWU.

[8] Subsequent to this correspondence, the TWU withdrew their allegations in relation to the conduct of the ballot and sought that the file be closed.

[9] I am not satisfied that a majority of the affected employees wish to bargain for an enterprise agreement. The application for a majority support determination in this case is dismissed.

COMMISSIONER

 1   PR527502

 2   [2012] FWA 6677

Printed by authority of the Commonwealth Government Printer

<Price code A, PR529433>