The Transport Workers’ Union (TWU) has initiated legal proceedings against Border Express, a prominent transport operator, alleging that the company unlawfully dismissed union delegates and members engaged in collective bargaining and protected industrial action. The Federal Court has agreed to hear the union’s application for an injunction to prevent the redundancies, with proceedings set for next week.

According to the TWU, the dispute arose shortly after union members at Border Express voted in favor of industrial action, granting them the right to strike in the near future. In response, Border Express reportedly selected 25 employees for redundancy in Queensland, including three union delegates who were involved in negotiating the TWU Enterprise Agreement. The negotiation committee provides recommendations to members on industrial action options protected under law.

While two of the affected delegates have accepted the redundancy packages and exited the company, the union contends that these actions were not legally legitimate. It claims Border Express failed to engage in the required consultation process and pressured workers by offering an alternative arrangement involving casual employment with no guaranteed shifts. The TWU therefore disputes the authenticity of the redundancies.

Michael Kaine, TWU national secretary, stated that the union pursued the adverse action claim only after attempting to resolve the matter without litigation. He criticized the company for forcing employees into a legal battle to protect their workplace rights, asserting that the Fair Work Act prohibits employers from dismissing workers as a means to inhibit collective bargaining or deter lawful protected industrial action.

Kaine drew parallels between this case and a previous incident involving Qantas Airlines, which was penalized for unlawful outsourcing practices. He noted that Border Express employees receive wages significantly lower than their counterparts at larger transport operators, estimating a gap ranging from 17 to 35 percent.

A spokesperson for Border Express declined to comment specifically on personnel issues, emphasizing company policy against discussing individual staff matters. The spokesperson added that the company believes the union’s injunction application lacks merit and intends to defend its position in court.