Application by Australian Rail, Tram and Bus Industry Union

The Australian Rail, Tram and Bus Industry Union applied to the Fair Work Commission to hold a protected action ballot for its members employed by Sydney Trains and NSW Trains. The union sought the ballot to facilitate industrial action in the absence of an enterprise agreement. The respondents, Sydney Trains and NSW Trains, opposed the application on the basis that they were not single interest employers and that the union had not genuinely attempted to reach agreement. The union also applied to extend the notice period required before the ballot could be held.

The Commission needed to determine whether Sydney Trains and NSW Trains were single interest employers and whether the union had genuinely attempted to reach agreement with the respondents. The Commission also had to consider whether the application to extend the notice period should be granted. In determining these issues, the Commission considered the evidence and submissions from both parties.

The Fair Work Commission found that Sydney Trains and NSW Trains were single interest employers and that the union had genuinely attempted to reach agreement. However, the Commission found that the union had not provided sufficient evidence to justify an extension of the notice period. As a result, the application for a protected action ballot was granted, but the application to extend the notice period was dismissed. The Commission ordered that the union must provide the respondents with the required 21 days’ notice before holding the ballot.

The Fair Work Commission ordered that the union must provide Sydney Trains and NSW Trains with 21 days’ notice before holding the protected action ballot. The Commission did not grant the union’s application to extend the notice period. The union was permitted to proceed with the ballot as per the existing notice period requirements.