Fair Work Act 2009

s.437 - Application for a protected action ballot order

Mersey Bus & Coach Service Pty Ltd, O'Driscoll Coaches Pty Ltd, Kinetic (Tasmania) Pty Ltd, Crawn's Motors Pty Ltd

Proposed protected action ballot of employees of Crawn's Motors Pty Ltd & Others - non-AEC ballot electronic voting

[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 Crawn's Motors Pty Ltd (Crawn's), Mersey Bus & Coach Service Pty Ltd (Mersey), O'Driscoll Coaches Pty Ltd (O'Driscoll) and Kinetic (Tasmania) Pty Ltd (Kinetic) (collectively, the Employers). I understand that the Employers are related, and the parties are negotiating a single-enterprise agreement to replace the "Tasmania's own" Redline Employee Collective Agreement 2013.

[2] On 16 February 2026, the Respondent advised that it did not object to the application subject to confirmation of there being an extended notice period of seven (7) calendar days in relation to questions one to four (1-4) and six (6) of the proposed forms of industrial action. The TWU, in effect, accepted that there were the relevant exceptional circumstances and agreed to that amendment.

[2] In the circumstances, I have decided to amend the application and determine the matter on the papers without holding a hearing.

[3] On the basis of the material before me, including the declaration of Isobel Riggall, Legal Officer, setting out the steps taken by the TWU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with , 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot.

• [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 5 March 2026.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

[6] Pursuant to section 443(5) of the Act, I am satisfied that there are relevant exceptional circumstances 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) calendar days as the minimum period of written notice required in respect of the industrial action taken by employees arising from the nominated ballot questions in clause 5 of the Order. I observe that this period cannot involve less than three working days as required by the Act.

[7] An Order has been separately issued in PR796801.

[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, 12 working days from the making of the Order and was the period sought in the application.

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