Application by Transport Workers' Union of Australia [2014] FWC 1361 | Case summary

Fair Work Commission|2014-03-04|Before: Commissioner Hampton

(#P27_1177) The terms "bus drivers" and "bus operators" are used interchangeably by some parties.

(#P30_1652) Sometimes these regions are called the far north and far south Adelaide regions.

(#P35_2779) S.54 of the Act.

(#P66_7029) Exhibit TWU1.

(#P68_7150) Exhibit TWU2.

(#P70_7265) Exhibit TWU3.

(#P72_7351) Exhibit TWU4.

(#P88_9366) Exhibit SL2.

(#P90_9427) Exhibit SL3.

(#P92_9477) Exhibit SL5.

(#P94_9533) Exhibit SL7.

(#P147_13416) Including United Firefighters' Union of Australia v Metropolitan Fire & Emergency Services Board [2010] FWAFB 3009.

(#P154_14668) Ibid at par [53].

(#P157_15179) See Royal District Nursing Service Limited v Health Services Union of Australia and Australian Nursing Federation [2012] FWAFB 1489 and the decision at first instance - Health Services Union of Australia and Australian Nursing Federation v Royal District Nursing Service Limited [2011] FWA 8033 at pars [56] to [70].

(#P160_15645) See National Union of Workers v Linfox Australia Pty Ltd [2013] FWC 9851 at [59].

(#P161_15916) This is predominantly drawn from my decision in The Australian Workers' Union v Sodexo Remote Sites Australia Pty Limited [2013] FWC 6892 as cited in various submissions.

(#P164_16907) [2013] FWAFB 2206.

(#P165_17152) S.186(3) - for the purposes of finding that a group of employees in an enterprise agreement was fairly chosen as part of the approval requirements.

(#P219_25996) Blanchard and Leeton in oral evidence.

(#P222_26414) A protected action ballot order was made on 19 December 2013 (PR545967) and an extension to the authorised action was later granted by consent (PR547616).

(#P223_26717) S.417 of the Act.

(#P226_27241) See Australian Nursing Federation [2012] FWA 452 at pars [179] to [180].

(#P243_30212) Passenger Vehicle Transportation Award 2010. This also includes other classifications including Supervisors.

(#P246_30587) SouthLink Maintenance 2011 Enterprise Agreement.

(#P247_30655) SouthLink Operations 2012 Enterprise Agreement.

(#P250_30886) See Transport Workers' Union of Australia v Chubb Security Services Limited [2012] FWA 2226.

(#P259_32579) National Heavy Vehicle Regulator. Some roads in the broader Adelaide metropolitan area have already been approved for CABs.

(#P264_33500) Dunlop in oral evidence.

(#P269_34170) Dunlop in oral evidence.

(#P283_35264) During closing submissions.

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Application by Transport Workers' Union of Australia [2014] FWC 1361 (4 March 2014)

At a glance

Court

Decision date

Before

Source

Judgment (30 paragraphs)

Legislation Cited (2)