Transport Workers' Union of Australia v Network Turbine Solutions Pty Ltd

[2025] FWC 1590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v

Network Turbine Solutions Pty Ltd

(B2025/903)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 10 JUNE 2025

Proposed protected action ballot of employees of Network Turbine Solutions Pty Ltd

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 Network Turbine Solutions Pty Ltd (Network Turbine or Employer).

On 10 June 2025, the Commission was advised that the Employer, in effect, did not object to the Application if amended to reflect the proposed amendments. The amendments concerned the conduct of the ballot and the duration of the ballot period.

In the circumstances, I have decided to amend the application to reflect the consent position reached and otherwise determined the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Alan Bailey, Organiser, 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 Network Turbine, 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.

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

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 24 June 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR788048.

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 period agreed between the parties.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Transport Workers' Union of Australia v Network Turbine Solutions Pty Ltd was heard by the Fair Work Commission and involved an application by the Transport Workers' Union of Australia for a protected action ballot order concerning employees of Network Turbine Solutions Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. The dispute centred on the conduct of a proposed industrial action ballot by the union. The employer did not object to the application, provided that certain amendments regarding the ballot's conduct and duration were incorporated.

The primary legal issue before the Commission was whether the application met the requirements under section 443 of the Fair Work Act. Specifically, the Commission had to determine if all procedural prerequisites for the ballot were satisfied, including the notification time and the involvement of an approved ballot agent. The declaration from the union's organiser, Alan Bailey, was crucial in demonstrating the union's efforts to negotiate with the employer and their genuine attempts to reach an agreement. Additionally, the Commission had to ensure that the ballot agent, Vero Engagement and Voting Solutions Pty Ltd, was appropriately authorised to conduct the ballot.

After reviewing the submitted materials and considering the employer's consent to the amended application, the Deputy President determined that all requirements of section 443(1) had been fulfilled. Consequently, the application was amended to reflect the agreed terms, and the ballot period was set to close on 24 June 2025. The Commission also assigned another Member to oversee the compulsory conciliation conference, which would involve all bargaining representatives. This decision facilitated the continuation of the dispute resolution process, with the aim of encouraging meaningful negotiations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established