Transport Workers' Union of Australia v Re.Cycle (Sunshine Coast) Pty Ltd — Benchmark

Ratio

The FWC granted the protected action ballot order under s.437 FW Act because the TWU satisfied s.443(1) requirements, including genuine attempts to reach agreement with the employer, proper notification, and eligible ballot conduct agent arrangement. The employer's objection to two ballot questions was withdrawn before hearing.

Outcome

For applicant granted

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 8

TWU applied for protected action ballot order under s.437 FW Act
Application related to certain employees of Re.Cycle (Sunshine Coast) Pty Ltd
Employer submitted objection to two ballot questions on 16 July 2025
Employer withdrew objection on 17 July 2025
Hearing delisted and matter determined on papers
TWU Organiser Shane Pierpoint declared that TWU had been genuinely trying to reach agreement with employer
Democratic Outcomes Pty Ltd (CiVS) approved as eligible protected action ballot agent under s.468A
Voting to close by 7 August 2025 (14 working days from order)

Factors

For

TWU declaration that it had genuinely tried to reach agreement with Re.Cycle
There is a notification time in relation to the proposed agreement
All requirements in s.443(1) of the Fair Work Act have been met
Democratic Outcomes Pty Ltd is approved as eligible protected action ballot agent under s.468A

Against

Legislation referenced

Fair Work Act 2009 (Cth) s.437
Fair Work Act 2009 (Cth) s.443(1)
Fair Work Act 2009 (Cth) s.443(3)(c)
Fair Work Act 2009 (Cth) s.448A(2)
Fair Work Act 2009 (Cth) s.468A

Concept tags · 4

[P]Good faith bargaining [P]Protected action ballot order [S]Enterprise agreement approval [S]Compulsory conference

Principles · 1

articulates para 4

For a protected action ballot order to be granted under s.437, the applicant union must satisfy all requirements in s.443(1), including existence of a notification time and genuine attempts to reach agreement with the employer.

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2010] FWAFB 9963 J.J. Richards & Sons Pty Ltd v Transport Workers' Union of Australia	FWAFB	2010-12-23	Resolved	2	37
[2015] FWCFB 210 Esso Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and...	FWC — Full Bench	2015-02-10	Against applicant	2	31
[2010] FWAFB 1714 Stuartholme School and Others (on behalf of two groups of Catholic education...	FWAFB	2010-03-03	Against applicant	2	4
[2009] FWAFB 599 Australian Postal Corporation v Communications, Electrical, Electronic,...	FWAFB	2009-10-12	Against applicant	2	2
[2010] FWAFB 344 Australian Postal Corporation v Communications, Electrical, Electronic,...	FWAFB	2010-01-20	Against applicant	2	2
[2017] FWCFB 1019 Construction, Forestry, Mining and Energy Union (105N) v AGL Loy Yang Pty...	FWC — Full Bench	2017-03-02		2	0
[2016] FWC 2716 Application by "Automotive, Food, Metals, Engineering, Printing and Kindred...	FWC	2016-01-01	For applicant	2	2
[2013] FWC 166 Application by United Voice; Application by Communications, Electrical,...	FWC	2013-01-01	For applicant	2	1
[2013] FWC 630 Application by "Automotive, Food, Metals, Engineering, Printing and Kindred...	FWC	2013-01-01	For applicant	2	1
[2013] FWC 694 Application by Australasian Meat Industry Employees Union, The	FWC	2013-01-01	Against applicant	2	1

Archived text (413 words)

1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Transport Workers' Union of Australia v Re.Cycle (Sunshine Coast) Pty Ltd (B2025/1141) COMMISSIONER SIMPSON BRISBANE, 18 JULY 2025 Proposed protected action ballot of employees of Re.cycle (Sunshine Coast) 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 Re.Cycle (Sunshine Coast) Pty Ltd (Re.Cycle or Employer). [2] On 16 July 2025, the Employer submitted an objection to two questions of the ballot. The matter was allocated to me for hearing of the contest. On 17 July 2025, I issued a notice of listing for hearing on 18 July 2025. Later, on 17 July 2025, the Employer withdrew its objection. [3] In the circumstances, I have decided to delist the hearing and determine the matter on the papers. [4] On the basis of the material before me, including the declaration of Shane Pierpoint, TWU 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 Re.Cycle, 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. [5] The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot. [6] 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 7 August 2025.1 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] An Order has been separately issued in PR789742. [2025] FWC 2077 DECISION [2025] FWC 2077 2 [8] A s.448A compulsory conciliation conference will be conducted in this matter. An Order will be issued requiring the attendance of all bargaining representatives for 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. COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR789741> 1 This is, in effect, 14 working days from the making of the Order and was the period sought in the application.