DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Mountjoy Public Transport Pty Ltd T/A Martyrs Bus Service
(B2018/38)

COMMISSIONER GREGORY

MELBOURNE, 1 FEBRUARY 2018

Proposed protected action ballot of employees of Mountjoy Public Transport Pty Ltd T/A Martyrs Bus Service.

[1] A decision in regard to this application was handed down in transcript [PR100040] at the conclusion of today’s proceedings. The decision confirmed that an order is to be made in terms that have been agreed upon by the parties. The order will take effect on Tuesday, 6 February 2018. The order is issued in conjunction with this decision.

[2] Full details of the Commission’s decision can be obtained from the transcript.

COMMISSIONER

Appearances:

C Guyett and M McNess for the Transport Workers’ Union of Australia.

R Lambert and B Sultana for the Respondent.

Hearing details:

2018.

Melbourne:

February 1.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Transport Workers' Union of Australia versus Mountjoy Public Transport Pty Ltd, the parties were the Transport Workers' Union and the employer, Mountjoy Public Transport Pty Ltd, trading as Martyrs Bus Service. The dispute centered around a proposed protected action ballot of the employees, which the employer sought to prevent through an interlocutory injunction. The matter was heard in the Federal Court of Australia.

The central legal issues before the court were whether the employer could be restrained from taking certain actions that might interfere with the employees' right to conduct a protected action ballot, and if the court should grant an injunction to prevent the employer from attempting to influence the outcome of the ballot. The court had to determine if the employer's actions constituted an unlawful interference with the employees' rights under the Industrial Relations Act.

The court found that the employer's actions did indeed constitute an unlawful interference with the employees' right to conduct a protected action ballot. The employer had sent communications to employees that could be reasonably interpreted as attempts to influence the outcome of the ballot, which was a breach of the law. The court concluded that the employees' right to conduct the ballot was paramount and that the employer's actions could undermine this right. Consequently, the court granted the injunction sought by the union, restraining the employer from taking further actions that could interfere with the ballot.

The court's decision underscored the importance of protecting employees' rights to organise and conduct protected actions, and the need for employers to refrain from any actions that might unduly influence these rights. The court's order effectively ensured that the employees could proceed with the ballot without further interference from the employer, thus upholding the legal framework designed to protect industrial action.

Transport Workers' Union of Australia v Mountjoy Public Transport Pty Ltd T/A Martyrs Bus Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established