Transport Workers' Union of Australia v Rivet Energy Aviation Pty Ltd T/A Rivet Aviation

[2022] FWC 3348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia
v

Rivet Energy Aviation Pty Ltd T/A Rivet Aviation

(B2022/1842)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 21 DECEMBER 2022

Proposed protected action ballot of employees of Rivet Energy Aviation Pty Ltd T/A Rivet Aviation

This is an application by the Transport Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Rivet Energy Aviation Pty Ltd T/A Rivet Aviation (Respondent).

On 20 December 2022 my Associate was advised that the Respondent did not object to the application.

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

One the basis of the material before me, including the declaration of Mr Dissio Markos 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.

An order has been separately issued in PR749161

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the Transport Workers’ Union of Australia, seeking a protected action ballot order in relation to employees of Rivet Energy Aviation Pty Ltd, trading as Rivet Aviation. The application was made under section 437 of the Fair Work Act 2009. The Union argued that it had engaged in good faith negotiations with the employer but had been unable to reach an agreement, thereby meeting the criteria for a protected action ballot. Rivet Energy Aviation did not object to the application, allowing the Deputy President to determine the matter based on the submitted documents.

The central legal issue before the Commission was whether the Transport Workers’ Union of Australia had genuinely attempted to reach an agreement with Rivet Energy Aviation and if the statutory notification period for a protected action ballot had been appropriately observed. Additionally, the Commission needed to verify if the Union's proposed industrial action met the conditions stipulated under section 443(1) of the Fair Work Act.

The Deputy President examined the evidence provided by Mr Dissio Markos of the Transport Workers’ Union of Australia, which detailed the Union's efforts in negotiating with the employer. The documentation indicated that the Union had engaged in genuine bargaining and had made efforts to reach an agreement. Given that Rivet Energy Aviation did not contest the application and the Union's declaration that it had fulfilled the notification requirements, the Deputy President found that the Union had met the necessary criteria. Consequently, the application for a protected action ballot order was approved.

The Fair Work Commission issued an order permitting the Transport Workers’ Union of Australia to proceed with a protected action ballot among the employees of Rivet Energy Aviation Pty Ltd. This decision underscores the importance of good faith bargaining and adherence to statutory requirements in the process of seeking industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established