No I'm suggesting 

    if (batchingEnabled) {
        return batchContainer.getBatchTransaction();
    } else {
        return tm.getTransaction();
    }

Which is having a _different_ behaviour as it won't fallback to use TM if the first one is returning _null_.  So my question above is not so much about style but rather if it's correct to fallback to the other implementation..  as I said above, I don't understand that.