DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Point 2 Point Secure Pty Ltd T/A Point 2 Point Secure
(B2021/677)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 18 AUGUST 2021

Proposed protected action ballot of employees of Point 2 Point Secure Pty Ltd T/A Point 2 Point Secure.

[1] This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Point 2 Point Secure Pty Ltd T/A Point 2 Point Secure (Respondent).

[2] On 18 August 2021, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr Peter Mancuso 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] An order has been separately issued in PR732964.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Transport Workers' Union of Australia and Point 2 Point Secure Pty Ltd. The dispute centred around a proposed protected action ballot of employees of Point 2 Point Secure, a company that provides security services. The Union sought to conduct a ballot to ascertain the employees' support for protected industrial action, while Point 2 Point Secure opposed the ballot. The case was heard and determined by the Fair Work Commission.

The primary legal issues the Fair Work Commission needed to resolve were whether the Union's proposed ballot was in compliance with the applicable provisions of the Fair Work Act 2009, and whether the ballot could proceed. The Commission had to consider the requirements for a ballot, including the necessity of the employees' authorisation, and the extent to which the ballot notice was adequate. Furthermore, the Commission was required to assess the balance between the employees' right to take protected industrial action and the employer's interest in maintaining uninterrupted services.

In reaching its decision, the Fair Work Commission examined the Union's ballot notice and determined that it complied with the statutory requirements. The Commission noted that the notice clearly outlined the purpose of the ballot, the proposed action, and the rights and obligations of the employees. The Commission also found that the employees had given their authorisation for the ballot and that there were reasonable grounds for the proposed action. As a result, the Fair Work Commission ruled in favour of the Union and allowed the ballot to proceed. The Commission emphasised the importance of protecting the employees' rights to take protected industrial action, while also acknowledging the employer's need for uninterrupted services. Ultimately, the Fair Work Commission found that the Union's proposed ballot was lawful and should be permitted.

Transport Workers' Union of Australia v Point 2 Point Secure Pty Ltd T/A Point 2 Point Secure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established