Transport Workers' Union of Australia v Transfield Services (Australia) Pty Ltd

[2015] FWC 5440

[2015] FWC 5440

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
v
Transfield Services (Australia) Pty Ltd
(B2015/1168)

COMMISSIONER BULL SYDNEY, 10 AUGUST 2015

Proposed protected action ballot of employees of Transfield Services (Australia) Pty Ltd .

[1] On 6 August 2015, an application pursuant to s.437 of the Fair Work Act 2009 (theAct) was filed by the Transport Workers’ Union of Australia NSW Branch (TWU) for a protected action ballot order in relation to certain employees of Transfield Services (Australia) Pty Ltd (Transfield Services).

[2] The employees to be balloted are members of the TWU employed by Transfield Services in its refueling operations at HMAS Albatross, South Nowra NSW.

[3] On 10 August 2015, Transfield Services advised the Commission that it does not oppose the issue of the order on the terms sought by the TWU. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In support of the application, the TWU filed a statement dated 6 August 2015 made by Lee Lawler, who is an official of the TWU involved in the process of the enterprise agreement negotiations with Transfield Services. Mr Lawler’s statement advises that a number of negotiations and discussions have been attempted between Transfield Services and the TWU with the intention of reaching an agreement.

[5] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the TWU, that the TWU has been and is, genuinely trying to reach an agreement with the employer, being Transfield Services (Australia) Pty Ltd.

[6] Having regard to the evidence before me, I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the Order must be made.

[7] An order [PR570614] based on the draft order provided by the TWU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR570612>