Transport Workers' Union of Australia v Mondiale VGL Pty Ltd

[2024] FWC 3304

[2024] FWC 3304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers’ Union of Australia
v

Mondiale VGL Pty Ltd

(B2024/1547)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 28 NOVEMBER 2024

Proposed protected action ballot of employees of Mondiale VGL Pty Ltd

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

1. On 26 November 2024, the Commission was advised that the Employer, in effect, did not object to the Application, save for a dispute about the period of notice to be provided for certain types of protected industrial action. The parties subsequently reached agreement on that matter and the agreement will be reflected in the Order I make.

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

1. On the basis of the material before me, including the declaration of Craig Curran, Official, setting out the steps taken by the TWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Mondiale, I am satisfied that there is a notification time in relation to the proposed agreement and that all of  the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 12 December 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action in the form of a stoppage of work for at least 24 consecutive hours. This is addressed in the Order I will make. 

1. An Order has been separately issued in PR781790.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 10 working days from the making of the Order and was the date consented to by both parties.

Printed by authority of the Commonwealth Government Printer

<PR781789>