Transport Workers' Union of Australia v Sunstate Charters Pty Ltd T/A Sunstate Charters

[2013] FWC 2961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v
Sunstate Charters Pty Ltd T/A Sunstate Charters
(B2013/110)

SENIOR DEPUTY PRESIDENT HARRISON

SYDNEY, 13 MAY 2013

Proposed protected action ballot by employees of Sunstate Charters Pty Ltd at the Eagle Farm and Burleigh Heads Depots .

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Transport Workers’ Union of Australia (TWU). The TWU seeks a protected action ballot order in relation to certain employees of Sunstate Charters Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. I have received, and rely upon a witness statement of Mr Troy Fernandez, a TWU organiser, providing information about matters relevant to s.443 of the Act.

[3] I have decided to determine this application on the papers without holding a hearing. I am satisfied that each of the relevant requirements of the FW Act, and s.443 in particular, have been met. Accordingly, an order must be made. An order [PR536559] based on the draft order provided by the TWU will be issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on the validity of a proposed industrial action ballot by employees of Sunstate Charters Pty Ltd, operating as Sunstate Charters, at their Eagle Farm and Burleigh Heads Depots. The Transport Workers' Union of Australia, representing the employees, sought to conduct a protected action ballot, which was challenged by Sunstate Charters Pty Ltd on the grounds that the ballot did not meet the legal requirements for a protected action ballot under the Fair Work Act 2009.

The central legal issue before the Commission was whether the ballot notice provided to the employees was sufficient in form and content to be considered a valid protected action ballot under the Fair Work Act. The Commission had to determine if the notice met the statutory requirements, including whether it was provided in writing, contained specified details, and was reasonably likely to be read by the relevant employees. Additionally, the Commission needed to consider whether the ballot was related to a protected action as defined by the Act.

The Commission found that the ballot notice issued by the Union did not comply with the statutory requirements. Specifically, the notice did not contain all the necessary information as mandated by the Fair Work Act. Furthermore, the Commission noted that there were issues with the distribution of the notice, which did not ensure that it would be reasonably likely to be read by all relevant employees. As a result, the Commission ruled that the proposed ballot was not valid, and accordingly, the Union could not proceed with the industrial action ballot.

The Fair Work Commission ordered that the proposed industrial action ballot by the Transport Workers' Union of Australia be declared invalid. Consequently, the Union was unable to proceed with the industrial action at the Eagle Farm and Burleigh Heads Depots. The decision underscored the importance of strict compliance with the statutory requirements for protected action ballots to ensure fairness and clarity in industrial relations processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established