s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of LC Dyson's Bus Services Pty Ltd

• [1] This is an application by the Transport Workers' Union of Australia (TWU 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 LC Dyson's Bus Services Pty Ltd (Dyson's or Employer). I observe that the parties are bargaining to replace the LC Dysons Bus Services Pty Ltd Driver Enterprise Agreement 2022.

• [2] On 24 March 2025, the Commission was advised that the Employer did not object to the Application in an amended form following discussion between the parties. The parties communicated a consent position including in relation to the scope of employees to be balloted and a period of extended notice for any industrial action that may be taken. Accordingly, I have decided to amend the application and deal with the matter on the papers without conducting a hearing.

• [3] On the basis of the material before me, including the declaration of Imran Malik, Lead Organiser, setting out the steps taken by the TWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Dyson's, 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.

• [4] The ballot is to be conducted by the Australian Electoral Commission.

• [5] 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 8 May 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [6] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission.

• [7] An Order has been separately issued in PR78548.

• [8] 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.

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

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