Transport Workers' Union of Australia v US Bus Lines Pty Ltd Summary

[2022] FWC 510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia

US Bus Lines Pty Ltd

(B2022/173)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 8 MARCH 2022

Proposed protected action ballot of employees of US Bus Lines Pty Ltd under AG2018/6635 employed under US Bus Lines P/L Enterprise Agreement 2018.

This is an application by the Transport Workers' Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of US Bus Lines Pty Ltd (the Respondent).

On 7 March 2022, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Mr Bob Lean of the Applicant 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.

An order has been separately issued in PR739111.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from the Transport Workers' Union of Australia seeking a protected action ballot order concerning specific employees of US Bus Lines Pty Ltd. The application was made under section 437 of the Fair Work Act 2009. The union aimed to conduct a ballot for protected action related to employees covered by the US Bus Lines P/L Enterprise Agreement 2018. The union's application stated that it had been genuinely attempting to reach an agreement with the respondent, US Bus Lines Pty Ltd. The union's representative, Mr Bob Lean, provided a declaration detailing the union's bargaining efforts with the company.

The primary legal issue before the Deputy President was whether the union had satisfied the statutory requirements for a protected action ballot. Specifically, the court needed to determine if the union had genuinely attempted to reach an agreement with the employer and if there was a notification period in relation to the proposed agreement. Additionally, the court had to consider whether the requirements under section 443(1) of the Fair Work Act were met.

Upon reviewing the material before it, the Deputy President found that the union had genuinely tried to reach an agreement with US Bus Lines Pty Ltd. The court was satisfied that there was a notification period in relation to the proposed agreement and that the requirements of section 443(1) of the Act had been met. As the respondent did not object to the application, the Deputy President decided to determine the matter on the papers without holding a hearing. Consequently, the court granted the union's application for a protected action ballot order.

In light of the above findings, the Deputy President issued an order for a protected action ballot concerning the employees of US Bus Lines Pty Ltd. This decision was made on the basis of the material before the court and the declaration provided by the union's representative. The court's decision was documented and issued separately in PR739111.

Transport Workers' Union of Australia v US Bus Lines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established