Transport Workers' Union of Australia v L.C. Dyson's Bus Services Pty Ltd

[2017] FWC 786

[2017] FWC 786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v
L.C. Dyson’s Bus Services Pty Ltd
(B2017/77)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 8 FEBRUARY 2017

Proposed protected action ballot of employees of L.C. Dyson’s Bus Services Pty Ltd.

[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 L.C. Dyson’s Bus Services Pty Ltd (the Respondent).

[2] On 3 February 2017 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Ms S Manos 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.

[5] The Fair Work Commission may order that the period of notice for protected industrial action referred to in s.414(2)(a) of the Act be longer than three working days, if satisfied that there are exceptional circumstances justifying a longer notice period. The parties in this application have agreed that a longer notice period for protected industrial action is justified for questions 3 and 4 in [5] of the Order. On the basis of the material contained in the Respondent’s material, I am satisfied that there are exceptional circumstances justifying a longer period of notice. I therefore order that the period of notice for protected industrial action referred to in s.414(2)(a) be five working days for questions 3 and 4.

[6]
An order has been separately issued in PR590061.

DEPUTY PRESIDENT

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