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

The Transport Workers' Union of Australia (TWU) appealed a decision by Senior Deputy President Hamberger, who dismissed the TWU's application for bargaining orders against Transit (NSW) Services Pty Ltd t/a Transit Systems. The application related to the bargaining for an enterprise agreement to cover bus drivers employed by Transit. The TWU sought expedited hearing of its appeal due to the impending employee vote on the proposed enterprise agreement. The appeal was heard on 21 December 2015, and the Full Bench granted permission to appeal, subsequently dismissing the appeal. The legal issues before the court included whether the conduct of a vote on a proposed enterprise agreement constituted a failure to meet the good faith bargaining requirements under the Fair Work Act 2009. The TWU argued that Transit's misleading communications and the timing of the vote during school holidays undermined collective bargaining.

The court found that the good faith bargaining requirements were concerned with the process of bargaining, not the mechanics of conducting a vote. The court held that the Senior Deputy President's decision was not attended by error, as the TWU's concerns about the timing and conduct of the vote did not impact the bargaining process. The court also found that the communications issued by Transit, while involving some degree of sharp practice, did not mislead employees into believing that the TWU endorsed the proposed agreement. Consequently, the appeal was dismissed.

No specific orders were made beyond the dismissal of the appeal.