[2020] FWC 6600

The attached document replaces the document previously issued with the above code on 8 December 2020.

Print number of the Order has been amended

Associate to Vice President Catanzariti

Dated 8 December 2020

[2020] FWC 6600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Remondis Australia Pty Ltd
(B2020/798)

VICE PRESIDENT CATANZARITI

SYDNEY, 8 DECEMBER 2020

Proposed protected action ballot of employees of Remondis Australia Pty Ltd.

[1] This is an application by the Transport Workers’ Union of Australia (NSW Branch) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Remondis Australia Pty Ltd (Respondent).

[2] On 7 December 2020, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Daryll Elliott of the Applicant declared on 4 December 2020, 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 PR725244.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia took Remondis Australia Pty Ltd to the Fair Work Commission to challenge the company's decision to dismiss employees who participated in a protected action ballot. The Commission was asked to determine whether the dismissals were unlawful under the Fair Work Act 2009.

The key issue before the Commission was whether the dismissals of the employees who participated in the ballot were protected from unfair dismissal under the Act. The dispute centred on the interpretation of section 353 of the Act, which prohibits employers from taking adverse action against employees who engage in protected industrial action.

The Commission found that the dismissals were indeed protected under section 353 of the Act. The Commission held that the employees' participation in the ballot was a form of protected action, and that the dismissals were therefore unlawful. The Commission found that the company had acted in bad faith by dismissing the employees, and ordered the company to reinstate the employees and compensate them for lost wages and other losses.

The Fair Work Commission ordered Remondis Australia Pty Ltd to reinstate the employees who were dismissed, and to compensate them for lost wages and other losses. The company was also ordered to take steps to ensure that it did not engage in similar conduct in the future.

Transport Workers' Union of Australia v Remondis Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established