DECISION

Fair Work Act 2009
s.437—Protected action

United Workers’ Union
v
Toll Transport Pty Ltd
(B2020/447)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 19 AUGUST 2020

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 19 August 2020, 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 Ms A Thwaites 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 PR721971.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Workers' Union sought to conduct a protected action ballot among employees of Toll Transport Pty Ltd. Toll Transport opposed the ballot on the grounds that the union had failed to provide adequate information to the employees regarding the proposed industrial action. The dispute was heard in the Fair Work Commission, the relevant industrial relations tribunal in Australia. The primary issue before the Commission was whether the union had provided sufficient information to the employees to enable them to make an informed decision about participating in the proposed industrial action. The union argued that the information provided was adequate, while Toll Transport contended that the information was incomplete and misleading.

The Fair Work Commission examined the information provided by the union to the employees and assessed whether it met the legal requirements for a protected action ballot. The Commission found that the union had failed to provide certain critical information to the employees, such as the financial implications of the proposed industrial action and the potential impact on the employees' employment conditions. The Commission held that the union's failure to provide this information rendered the ballot invalid. Consequently, the Commission ruled in favour of Toll Transport, determining that the proposed ballot could not proceed as it did not comply with the legal requirements for a protected action ballot.

The Fair Work Commission's decision emphasised the importance of unions providing comprehensive and accurate information to employees before conducting a protected action ballot. The Commission stressed that the information provided must enable employees to make an informed decision about participating in the proposed industrial action. In this case, the union's failure to provide certain critical information resulted in the ballot being deemed invalid. The Commission's ruling highlights the need for unions to ensure that all necessary information is provided to employees before conducting a protected action ballot. The decision also underscores the importance of employers being vigilant in monitoring the information provided by unions to ensure compliance with legal requirements.

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