DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Toll Transport Pty Ltd
(B2021/63)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 11 FEBRUARY 2021

Proposed protected action ballot of employees of Toll Transport Pty Ltd.

[1] This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Toll Transport Pty Ltd (Respondent).

[2] On 11 February 2021, my Associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the declaration of Mr A Snowball 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.

[5] An order has been separately issued in PR726857.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of United Workers' Union versus Toll Transport Pty Ltd was before the Fair Work Commission. The union sought approval for a ballot of employees to authorise protected industrial action. The dispute arose from the negotiation of a new enterprise agreement between the union and the employer, Toll Transport Pty Ltd, which had become contentious.

The primary legal issue before the Commission was whether the proposed industrial action was protected action for the purposes of the Fair Work Act 2009. The Commission considered whether the proposed action was genuinely for the purpose of a claim in relation to an employee or group of employees and whether it complied with the statutory requirements, including the necessity of a majority vote in favour of the action in a ballot of the employees. The employer contested the validity of the ballot on the grounds that it was not genuinely for a workplace matter and did not meet the legal prerequisites.

In its decision, the Commission analysed the union's application and the employer's objections. It determined that the proposed action was genuinely for a claim in relation to the employees, as it pertained to the terms of their employment. The Commission also found that the ballot complied with the legal requirements, including the requirement for a majority of employees to vote in favour of the action. Consequently, the Commission approved the union's application, allowing the ballot to proceed.

United Workers' Union v Toll Transport Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established