Application by Australian Rail, Tram and Bus Industry Union

[2016] FWC 1416

[2016] FWC 1416

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Rail, Tram and Bus Industry Union
v
UGL Rail Pty Ltd
(B2016/343)
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MARCH 2016
Proposed protected action ballot of employees of UGL Rail Pty Ltd.

[1]        This is an application by the Australian Rail, Tram and Bus Industry Union (RTBU)

(the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action

ballot order in relation to certain employees of UGL Rail Pty Ltd (the Respondent).

[2]        On 3 March 2016 my associate was advised that the Respondent did not object to the

application.

[3]        In the circumstances, I have decided to determine the matters on the papers without

holding a hearing.

[4]        On the basis of the material before me, including the statutory declaration of Mr B

Evans of the Applicant setting out the steps taken by it in bargaining with the Respondent

Company and that it has been, and is, genuinely trying to reach agreement with the

Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been

met.

[5]        An order has been separately issued in PR577664.

DEPUTY PRESIDENT

<Price code A, PR577663>

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