1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Transport Workers' Union of Australia v Sydney Night Patrol & Inquiry Co Pty Ltd T/A Sydney Night Patrol (B2023/716) DEPUTY PRESIDENT HAMPTON ADELAIDE, 19 JULY 2023 Proposed protected action ballot of employees of Sydney Night Patrol & Inquiry Co Pty Ltd [1] This is an application by the Transport Workers' Union of Australia (TWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Respondent, Sydney Night Patrol & Inquiry Co Pty Ltd T/A Sydney Night Patrol (Sydney Night Patrol or Respondent). [2] On 18 July 2023, the Commission was advised that the Respondent did not object to the Application as amended to clarify the employees intended to be balloted under the Order. [3] In the circumstances, I have conducted a hearing to deal with several points of clarification about the terms of the proposed Order. This included confirmation of the ballot period, an issue concerning a ballot question (which was removed by consent) and clarification about the absence of other bargaining representatives for the proposed enterprise agreement. [4] On the basis of the material before me, including the declaration of Mr William Cheffirs, TWU Industrial Officer, setting out the steps taken by the TWU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with Sydney Night Patrol, 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 the Australian Electoral Commission. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 30 working days from the date of the Order (19 July 2023) has been established by this Commission.1 [6] An order has been separately issued in PR764319. [7] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference and this Member will issue the Order requiring attendance 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. [2023] FWC 1737 DECISION [2023] FWC 1737 2 DEPUTY PRESIDENT Appearances: W Cheffirs for the Transport Workers’ Union of Australia. L Schafer-Gardiner and R Sabu (with permission) with S La Spina and Y Loong-Lee for Sydney Night Patrol & Inquiry Co Pty Ltd. Hearing details: Adelaide (by video) 2023 July 19. Printed by authority of the Commonwealth Government Printer <PR764320> 1 This is the minimum period required by the Australian Electoral Commission.