Australian Federated Union of Locomotive Employees v Bowen Rail Company Pty Ltd

[2024] FWC 2842

[2024] FWC 2842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Federated Union of Locomotive Employees
v

Bowen Rail Company Pty Ltd

(B2024/1320)

DEPUTY PRESIDENT LAKE BRISBANE, 14 OCTOBER 2024

Proposed protected action ballot of employees of Bowen Rail Company Pty Ltd

1. This is an application by the Australian Federated Union of Locomotive Employees (the AFULE) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Bowen Rail Company Pty Ltd (Bowen).

1. On 14 October 2024, the Commission was advised that the Employer did not object to the Application. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the material before me, I am satisfied that the AFULE have taken steps during bargaining to genuinely try to reach agreement as set out by a declaration from Thomas James O’Rourke, Organiser for the AFULE. I am satisfied that there is a notification time in relation to the proposed agreement and that all the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by the Australian Electoral Commission.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 13 November 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR780177.

1. I will conduct the s.448A compulsory conciliation conference and issue the Order requiring attendance for conference.

DEPUTY PRESIDENT

[1] This is, in effect, 30 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR780176>