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

[2022] FWC 511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia

Ventura Bus Lines Pty Ltd

(B2022/174)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 8 MARCH 2022

Proposed protected action ballot of employees of Ventura Bus Lines Pty Ltd employed under AG2018/6640 Ventura Bus Lines P/L Knoxfield 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 Ventura 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 PR739114.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Transport Workers' Union of Australia v Ventura Bus Lines Pty Ltd was heard by Deputy President Clancy of the Fair Work Commission. The matter involved an application by the Transport Workers' Union of Australia for a protected action ballot order concerning certain employees of Ventura Bus Lines Pty Ltd employed under the AG2018/6640 Ventura Bus Lines P/L Knoxfield Enterprise Agreement 2018. The application was made under section 437 of the Fair Work Act 2009. The Respondent did not object to the application, leading to the determination of the matter based on the documents submitted without a hearing.

The central legal issue in the case was whether the Transport Workers' Union of Australia had met the criteria for a protected action ballot order as set out in section 437 of the Fair Work Act 2009. Specifically, the court needed to determine if there was a notification time in relation to the proposed agreement and whether the union had genuinely tried to reach an agreement with the employer, as required by section 443(1) of the Act. The determination also hinged on the declaration of Mr Bob Lean of the Applicant, which detailed the bargaining process and the union's efforts to reach an agreement with Ventura Bus Lines Pty Ltd.

The Deputy President concluded that the union had satisfied the necessary requirements for a protected action ballot order. The union's declaration and the absence of objection from the Respondent confirmed that there was a notification time in relation to the proposed agreement and that the union had genuinely tried to reach an agreement with Ventura Bus Lines Pty Ltd. Therefore, the application for the protected action ballot order was granted.

The final orders of the court included the granting of the protected action ballot order for the employees of Ventura Bus Lines Pty Ltd. This decision allows the union to proceed with the ballot to seek support for potential protected actions related to the enterprise agreement negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established