Transport Workers' Union of Australia v Ventura Transit Pty Ltd

[2022] FWC 515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Transport Workers’ Union of Australia

Ventura Transit Pty Ltd

(B2022/177)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 8 MARCH 2022

Proposed protected action ballot of employees of Ventura Transit Pty Ltd employed under Ventura Transit 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 Ventura Transit 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 PR739124.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by the Transport Workers' Union of Australia for a protected action ballot order in relation to certain employees of Ventura Transit Pty Ltd. The application was made under section 437 of the Fair Work Act 2009, and the proposed action was a ballot of Ventura Transit Pty Ltd employees who are employed under the Ventura Transit P/L Enterprise Agreement 2018. The respondent, Ventura Transit Pty Ltd, did not object to the application, and the Deputy President decided to determine the matter on the papers without holding a hearing.

The legal issue before the court was whether the notification time in relation to the proposed agreement was met and whether the requirements in section 443(1) of the Fair Work Act 2009 were satisfied. The court considered the declaration of Mr Bob Lean of the Transport Workers' Union of Australia, which set out the steps taken by the union in bargaining with Ventura Transit Pty Ltd and that it had been and was genuinely trying to reach agreement with the respondent. The court was satisfied that the notification time in relation to the proposed agreement had been met, and the requirements in section 443(1) of the Fair Work Act 2009 were satisfied.

Based on the material before it, the Fair Work Commission granted the application and issued an order in PR739124. The decision was made on 8 March 2022 by Deputy President Clancy in Melbourne. The court found that the union had met the requirements of the Fair Work Act 2009 and that a ballot of the Ventura Transit Pty Ltd employees could proceed. The final orders of the court were issued separately in PR739124.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established