Transport Workers' Union of Australia v Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Transport Summary

[2022] FWC 987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia
v

Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Transport

(B2022/365)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 29 APRIL 2022

Proposed protected action ballot of employees of Sadleirs Transport Co (NSW) Pty Ltd t/as Sadleirs Road Distribution Services

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 Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Transport (the Respondent).

On 29 April 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.

On the basis of the material before me, including the declaration of Mr Darren McColley 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 PR741086.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers’ Union of Australia applied to the Fair Work Commission for a protected action ballot order concerning certain employees of Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Transport. The application was made under section 437 of the Fair Work Act 2009, and the matter was decided by Deputy President Clancy on 29 April 2022. The Respondent did not object to the application, allowing the matter to be determined on the papers without the need for a hearing.

The legal issue before the Commission was whether the conditions for a protected action ballot were satisfied. Specifically, the Commission had to determine if the union had genuinely tried to reach agreement with the employer and if the notification time for the proposed agreement had been met. The union submitted a declaration by Mr Darren McColley, setting out the steps taken during the bargaining process and affirming the union's genuine efforts to reach an agreement with the employer.

The Deputy President concluded that the union had met the requirements under section 443(1) of the Fair Work Act. The notification time for the proposed agreement had been met, and the union had genuinely attempted to reach an agreement with the employer. Consequently, the Commission granted the union's application for a protected action ballot order.

An order was issued in PR741086, authorising the union to conduct a protected action ballot among the specified employees of Sadleirs Transport Co (NSW) Pty Ltd.

Transport Workers' Union of Australia v Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Transport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established