Transport Workers' Union of Australia v Hurd Haulage Pty Ltd

[2018] FWC 5017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protection action ballot order

Transport Workers’ Union of Australia
v

Hurd Haulage Pty Ltd

(IA2018-4604)

Deputy President Gostencnik

MELBOURNE, 30 AUGUST 2018

Proposed protected action ballot of employees of Hurd Haulage Pty Ltd.

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

On 29 August 2018, my Associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the statutory declaration of Mr R Fitzpatrick 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.

An order has been separately issued in PR620338.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia filed an application under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for certain employees of Hurd Haulage Pty Ltd. The application was heard by Deputy President Gostencnik in Melbourne on 30 August 2018. Hurd Haulage Pty Ltd did not oppose the application, leading the court to decide the matter based on the submitted documents without a formal hearing.

The key legal issue before the court was whether the statutory requirements for a protected action ballot were satisfied, specifically whether a notification time had been established and whether the union had genuinely attempted to reach an agreement with the employer. The court needed to determine if the union's efforts met the criteria set out in section 443(1) of the Fair Work Act.

The court considered the statutory declaration provided by Mr R Fitzpatrick of the Transport Workers' Union, which outlined the union's bargaining steps and efforts to reach an agreement with Hurd Haulage Pty Ltd. Based on the declaration and the other documents submitted, the Deputy President was satisfied that the union had genuinely tried to reach an agreement and that a notification time had been established. Consequently, the court found that the statutory requirements for a protected action ballot were met.

In light of these findings, the court issued a separate order in PR620338, granting the union's application for a protected action ballot order. This decision allows the union to proceed with the ballot as part of the industrial action process, provided it adheres to the terms and conditions set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established