B2015/746, Transcript of Proceedings [2015] FWCTrans 457 (4 August 2015)

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009 1052193

---

COMMISSIONER GREGORY

B2015/746

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia

and

NT Vic Pty Ltd T/A Neway Transport
(B2015/746)

Melbourne

12.28 PM, WEDNESDAY, 22 JULY 2015

PN1

THE COMMISSIONER: The Transport Workers Union of Australia has made application for a protected action ballot order under section 437 of the Fair Work Act in respect of its members employed by Neway Transport - sorry, NT Vic Pty Ltd the business trading as Neway Transport. The application made by the union states the nominal expiry date of the existing agreement that now covers the parties is 30 June 2015.

PN2

I will just perhaps indicate, that Mr Iannone, on behalf of Neway Transport, indicates that the employer opposes the application on the basis that it is premature given the ongoing negotiations between the parties which it has indicated it is prepared to continue to be part of.

PN3

However, section 443 of the Fair Work Act provides that the Commission must make a protected action ballot order if an application has been made under section 437 and if the associated requirements of the Act have been satisfied, including that the applicant is genuinely trying to reach agreement.

PN4

I am satisfied in the present matter that the Transport Workers Union of Australia is a bargaining representative for the employees sought to be covered by the proposed agreement. I am also satisfied that the application specifies the group of employees to be balloted and the question is to be put including the nature of the proposed industrial action.

PN5

I am also satisfied that the requirements of section 440 of the Act have been satisfied and that within 24 hours of making this application the Transport Workers Union gave a copy to the employer and to the ballot agent.

PN6

As indicated, I am also satisfied on the basis of the submissions made by Mr Fennell and Mr Iannone that the Transport Workers Union is genuinely trying to reach agreement in accordance with the requirements of section 443.

PN7

The application indicates that there have been a series of negotiations that have taken place on at least three occasions when the relevant organiser from the union, along with the elected delegates, met with the employer and the employer has also put a proposed agreement to a ballot of the employees which I understand at this point has been rejected in a vote of those employees.

PN8

I am satisfied in conclusion that the requirements of the Act in respect of an application made under section 437 have been met. I accordingly propose to make an order in the terms sought by the Transport Workers Union and that order will be issued in conjunction with this decision.

PN9

Mr Fennell, is there anything further at this stage from your point of view?

PN10

MR FENNELL: No, thank you, Commissioner.

PN11

THE COMMISSIONER: Mr Iannone?

PN12

MR IANNONE: No, thank you.

PN13

THE COMMISSIONER: All right. I thank you both for your attendance this afternoon. This matter is adjourned.

ADJOURNED INDEFINITELY [12.32 PM]