DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Toll Transport Pty Ltd T/A Customised Solutions Toll Global Logistics
(B2020/799)

VICE PRESIDENT CATANZARITI

SYDNEY, 8 DECEMBER 2020

Proposed protected action ballot of employees of Toll Transport Pty Ltd T/A Customised Solutions Toll Global Logistics.

[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 Toll Transport Pty Ltd T/A Customised Solutions Toll Global Logistics (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 Craig Curran 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 PR725240.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between the Transport Workers' Union of Australia and Toll Transport Pty Ltd T/A Customised Solutions Toll Global Logistics. The dispute centred on a proposed ballot of employees for protected action. The case was heard by the Fair Work Commission, which has jurisdiction to resolve workplace disputes in Australia. The Union sought authorisation for a ballot to be held to enable employees to vote on protected industrial action. The company opposed the ballot on several grounds, including that it was not a genuine protected action ballot, and that it was not conducted in accordance with the necessary procedures.

The legal issues before the Commission included whether the ballot was genuinely related to the employees' conditions of employment or a dispute between the employees and their employer, and whether the ballot complied with the statutory requirements for conducting a protected action ballot. The Commission examined the nature of the proposed action, the timing of the ballot, and whether the Union had followed the necessary procedures in calling the ballot. The company argued that the ballot was not genuinely related to the employees' conditions of employment, but rather was a response to the employer's decision to engage a third party to perform services previously performed by employees.

The Fair Work Commission found that the ballot was genuinely related to the employees' conditions of employment and that the Union had followed the necessary procedures in calling the ballot. The Commission rejected the company's argument that the ballot was not genuinely related to the employees' conditions of employment, finding that the employees were seeking to protect their jobs and working conditions in the face of the company's decision to engage a third party to perform services previously performed by employees. The Commission also found that the Union had complied with the statutory requirements for conducting a protected action ballot. As a result, the Commission authorised the ballot to proceed.

In summary, the Fair Work Commission found in favour of the Union and authorised the proposed ballot of employees. The Commission rejected the company's argument that the ballot was not genuinely related to the employees' conditions of employment and found that the Union had complied with the necessary procedures in calling the ballot. The final order of the Commission was that the ballot be authorised to proceed.

Transport Workers' Union of Australia v Toll Transport Pty Ltd T/A Customised Solutions Toll Global Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established