[2025] FWC 2067

Fair Work Act 2009

s.437 - Application for a protected action ballot order

CDC Geelong Pty Ltd; CDC Oakleigh Pty Ltd; CDC Sunshine Pty Ltd; CDC Tullamarine Pty Ltd; CDC Wyndham Pty Ltd; CDC Victoria East Pty Ltd; CDC Victoria West Pty Ltd; CDC Victoria North-West Pty Ltd; CDC Mildura Pty Ltd; CDC Ballarat Pty Ltd

Proposed protected action ballot of employees of 10 related bus transport employers in Victoria.

• [1] This is an application by the Independent Transport Union Inc (ITU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the following employers:

• CDC Geelong Pty Ltd
• CDC Oakleigh Pty Ltd
• CDC Sunshine Pty Ltd
• CDC Tullamarine Pty Ltd
• CDC Wyndham Pty Ltd
• CDC Victoria East Pty Ltd
• CDC Victoria West Pty Ltd and
• CDC Victoria North-West Pty Ltd
• CDC Mildura Pty Ltd
• CDC Ballarat Pty Ltd.

• [2] The employers (collectively CDC or Employers) are related entities who operate bus and transport services in Victoria and are bargaining for a single enterprise agreement.

• [3] I note that the Transport Workers' Union of Australia (TWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement and the Protected Action Ballot Order was granted in that matter.
• [4] On 17 July 2025, the Commission was advised that the Employer did not object to the Application following discussion between the parties. The parties communicated a consent position. This included agreement, in effect, that there were exceptional circumstances warranting an extended period of notice of industrial action. Accordingly, I have decided to grant leave to amend the application and to determine the matter on the papers without the need for a hearing.

• [5] On the basis of the material before me, including the declaration of Marc Marotta, Industrial Consultant, setting out the steps taken by the ITU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with CDC, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

• [6] The ballot is to be conducted by the AEC.

• [7] For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 29 August 2025.[2]

• [8] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying the period of written notice referred to in section 414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified seven (7) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from items one to four inclusive in the ballot questions in clause 5 of the Order.

• [9] An Order has been separately issued in PR789722.

• [10] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[2] This is, in effect, 30 working days from the making of the Order and is the period required by the AEC.

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