Transport Workers' Union of Australia v Hurstbridge Bus & Coach Pty Ltd T/A Panorama Coaches

[2019] FWC 4873

[2019] FWC 4873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Hurstbridge Bus & Coach Pty Ltd T/A Panorama Coaches
(B2019/531)

DEPUTY PRESIDENT YOUNG MELBOURNE, 12 JULY 2019

Proposed protected action ballot of employees of Hurstbridge Bus & Coach Pty.

[1] This is an application by the Transport Workers’ Union of Australia (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Hurstbridge Bus & Coach Pty Ltd (the Respondent) who are to be covered by the proposed agreement and are represented by the Applicant.

[2] On 9 July 2019 the Respondent advised that it objected to the application on the grounds including that the Applicant was not genuinely trying to reach an agreement. The matter was listed for hearing on the 11 July 2019.

[3] On 10 July 2019 the Respondent advised that it withdrew its objection and did not contest the Applicant’s application for a protected action ballot order.

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

[5] On the basis of the material before me, including the statutory declaration of Mr Imran Malik 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.

[6] On the basis of the material provided by the Respondent, and noting the consent of the Applicant, I am also satisfied that pursuant to section 443(5) of the Act there are exceptional circumstances justifying the period of notice of action to be taken by employees being longer than three working days. I consider that longer period to be five working days.

[7] An order has been separately issued in [PR710287].

DEPUTY PRESIDENT

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