Transport Workers' Union of Australia v Ivanhoe Bus Company Pty Ltd Summary

[2022] FWC 506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia

Ivanhoe Bus Company Pty Ltd

(B2022/170)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 8 MARCH 2022

Proposed protected action ballot of employees of Ivanhoe Bus Company Pty Ltd under AG2018/6641 Ivanhoe Bus Company P/L Enterprise Agreement 2018.

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 Ivanhoe Bus Company Pty Ltd (the Respondent).

On 7 March 2022, my Associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the declaration of Mr Bob Lean 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 PR739102.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Transport Workers' Union of Australia v Ivanhoe Bus Company Pty Ltd before the Fair Work Commission involved the Transport Workers' Union of Australia seeking a protected action ballot order for its members employed by Ivanhoe Bus Company Pty Ltd. This application was made under section 437 of the Fair Work Act 2009. The Union sought the ballot in the context of negotiations over the Ivanhoe Bus Company P/L Enterprise Agreement 2018. The Union's request was made pursuant to the Act, which provides for the regulation of workplace relations and the protection of employees' rights.

The primary legal issue before the Commission was whether the Union had met the requirements under the Fair Work Act 2009 to hold a protected action ballot. This included verifying that the Union had genuinely attempted to reach an agreement with the employer and that the notification time for the proposed agreement had been satisfied. The Union's declaration, along with other material submitted, was considered to determine if the statutory conditions for a ballot were fulfilled.

The Fair Work Commission, led by Deputy President Clancy, determined that the Union had satisfied the legal criteria for holding a protected action ballot. The Union's declaration, detailing the steps taken in bargaining with Ivanhoe Bus Company Pty Ltd and the genuine efforts to reach an agreement, was deemed sufficient. Additionally, the Commission found that the notification time for the proposed agreement was appropriate, and thus the requirements of section 443(1) of the Act were met. As a result, the application was approved, and an order was issued allowing the ballot to proceed.

Transport Workers' Union of Australia v Ivanhoe Bus Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established