Transport Workers' Union of Australia v LC Dyson's Bus Services Pty Ltd

[2022] FWC 521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia

LC Dyson’s Bus Services Pty Ltd

(B2022/169)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 8 MARCH 2022

Proposed protected action ballot of employees of LC Dyson’s Bus Services Pty Ltd employed under AG2019/1369 LC Dyson’s Bus Services Pty Ltd Driver 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 LC Dyson’s Bus Services Pty Ltd (the Respondent).

On 8 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 PR739138.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, in this case, heard an application by the Transport Workers' Union of Australia for a protected action ballot order in relation to employees of LC Dyson's Bus Services Pty Ltd. This application was made under s.437 of the Fair Work Act 2009. The union sought the order due to a breakdown in bargaining with the respondent company. The union argued that it had been genuinely attempting to reach an agreement but was unsuccessful. The application was made in relation to employees of the respondent company employed under AG2019/1369 LC Dyson’s Bus Services Pty Ltd Driver Enterprise Agreement 2018.

The primary legal issue before the court was whether the union had met the requirements of s.443(1) of the Fair Work Act 2009 to hold a protected action ballot. The union argued that it had met the notification time in relation to the proposed agreement and had been genuinely attempting to reach an agreement. The court needed to determine whether these requirements had been met before granting the order. The court also needed to consider whether the respondent had any objections to the application.

In this case, the court found that the union had met the requirements of s.443(1) of the Fair Work Act 2009. The court was satisfied that the union had taken the necessary steps in bargaining with the respondent and had been genuinely trying to reach an agreement. The court also found that the respondent had not objected to the application. Therefore, the court decided to determine the matter on the papers without holding a hearing. The court granted the union's application for a protected action ballot order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established