Transport Workers' Union of Australia v Star Track Express Pty Limited and StarTrack Retail Pty Ltd

[2025] FWC 481

[2025] FWC 481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v

Star Track Express Pty Limited and StarTrack Retail Pty Ltd

(B2025/258)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 18 FEBRUARY 2025

Proposed protected action ballot by employees of Star Track Express Pty Limited and StarTrack Retail Pty Ltd

1. This is an application by the Transport Workers’ Union (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 Star Track Express Pty Limited and StarTrack Retail Pty Ltd (collectively Star Track or Employers).

1. On 17 February 2025, the Commission was advised that the Employers did not object to the Application as amended following discussion between the parties, largely concerning the ballot questions in clause 5 of the proposed order. The parties communicated a consent position.

1. I observe that a further adjustment to the original ballot questions was proposed by the TWU following statutory matters being raised by the Commission. The employers advised they did not have any further submissions or comment to make on the amended proposed order. In that light, I have granted leave to amend the application and determined the mater on the papers without the need for a hearing.

1. On the basis of the material before me, including the declaration of Gavin Webb, Chief Legal Officer, setting out the steps taken by the TWU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with Star Track. 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.

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

1. 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 6 March 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. The structure of the draft order has been amended to reflect the Fair Work Commission’s standard template.

1. An Order has been separately issued in PR784459.

1. 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 12 working days after the date of order and was the period sought in the application.

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