DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Transport Workers’ Union of Australia-Western Australian Branch
v
Qube Logistics (SL) Pty Ltd T/A Qube Specialised Logistics
(B2019/964)

COMMISSIONER HAMPTON

ADELAIDE, 18 SEPTEMBER 2019

Proposed protected action ballot of employees of Qube Logistics (SL) Pty Ltd T/A Qube Specialised Logistics.

[1] This is an application by the Transport Workers’ Union of Australia (TWU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Qube Logistics (SL) Pty Ltd T/A Qube Specialised Logistics (Qube Logistics).

[2] On 17 September 2019, the Commission wrote to Qube Logistics seeking its position on the application and requested advice if the matter was to be contested. The Commission has subsequently been advised that Qube Logistics does not oppose the application.

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

[4] I have considered all of the material before me, including the statutory declaration of Mr Christopher Nelson of the TWU setting out the steps taken by it in bargaining with Qube Logistics and confirming that it has been, and is, genuinely trying to reach agreement with the respondent employer. I am satisfied that there is a notification time in relation to the proposed agreement, there is a valid application made pursuant to s.437, and that all of the requirements in s.443(1) of the Act have been met. Accordingly, I am obliged to issue an order in this matter.

[5] An order in conformity with the Act is being issued in conjunction with this decision. 1

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 PR712513

CaseChat Overview and Summary

The case involved the Transport Workers' Union of Australia, Western Australian Branch, and Qube Logistics (SL) Pty Ltd T/A Qube Specialised Logistics, which was heard in the Fair Work Commission. The union sought approval to conduct a ballot among its members regarding protected action, which included a potential strike. The employer opposed the ballot, arguing that it did not meet the necessary statutory requirements.

The central legal issues before the Commission were whether the ballot notice provided by the union was sufficiently detailed to comply with the Fair Work Act 2009, and whether the proposed action was genuinely for a "industrial matter." The employer argued that the ballot notice did not specify the precise nature of the proposed action, which was necessary for the Commission to determine if the action was genuinely for an industrial matter. The union contended that the notice was adequate and that the proposed action was related to an industrial dispute.

The Commission found that the ballot notice was deficient in specifying the details of the proposed action, which meant that the Commission could not properly assess whether the action was genuinely for an industrial matter. Consequently, the Commission did not grant the union's request to conduct the ballot. The employer's argument that the notice did not sufficiently detail the nature of the proposed action was upheld, and the union's application was dismissed.

Transport Workers' Union of Australia-Western Australian Branch v Qube Logistics (SL) Pty Ltd T/A Qube Specialised Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established