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

[2022] FWC 514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia

Ventura Bus Lines Pty Ltd

(B2022/176)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 8 MARCH 2022

Proposed protected action ballot of employees of Ventura Bus Lines Pty Ltd employed under AG2018/6624 Ventura Bus Lines P/L – Oakleigh 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 PR739122.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has addressed an application by the Transport Workers' Union of Australia, which sought a protected action ballot order concerning certain employees of Ventura Bus Lines Pty Ltd. This matter pertains to the negotiation and potential industrial action surrounding the Ventura Bus Lines P/L – Oakleigh Enterprise Agreement 2018. The application was made under section 437 of the Fair Work Act 2009, aiming to allow the employees to vote on proposed protected action due to a deadlock in bargaining. Ventura Bus Lines Pty Ltd did not object to the application, leading the Deputy President to decide on the matter without a formal hearing, based on the documentation submitted.

The primary legal issues before the court were whether the union had genuinely attempted to reach an agreement with the employer and if the statutory notification period for the ballot had been met. Under the Fair Work Act 2009, the union must demonstrate it has engaged in good faith negotiations and that the specified notification period has elapsed, which is a prerequisite for conducting a protected action ballot. The court had to assess the evidence presented, including the union's declaration and the steps taken during the bargaining process, to determine if these conditions were satisfied.

The Deputy President found that the union had indeed engaged in genuine negotiations and fulfilled the notification requirements. The declaration by Mr. Bob Lean, a representative of the union, detailed the bargaining process and confirmed the union's ongoing efforts to reach an agreement. The court was satisfied that the statutory conditions for proceeding with the ballot had been met, thereby granting the union's application for a ballot order. This decision was made in the context of ensuring that the employees have a lawful mechanism to express their views on the proposed agreement through a protected action ballot.

The final orders included the granting of the union's application for a protected action ballot order. This decision allows the employees to vote on the proposed protected action, thereby providing them with a means to express their dissatisfaction or support regarding the enterprise agreement under negotiation.

Transport Workers' Union of Australia v Ventura 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