Australian Municipal, Administrative, Clerical and Services Union v Queensland Rail Transit Authority T/A Queensland Rail Summary

[2023] FWC 1149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v

Queensland Rail Transit Authority T/A Queensland Rail

(B2023/427)

VICE PRESIDENT CATANZARITI

SYDNEY, 16 MAY 2023

Proposed protected action ballot of employees of Queensland Rail Transit Authority

This is an application by the Australian Municipal, Administrative, Clerical and Services Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Queensland Rail Transit Authority T/A Queensland Rail (Respondent).

On 9 May 2023, the Fair Work Commission was advised that the Respondent objected to the application, however, the parties were able to reach a consent position.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Danny Reeves of the Applicant declared on 5 May 2023, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An Order has been separately issued in PR761927.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (the "Applicant") applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for an order permitting a ballot of employees of Queensland Rail Transit Authority T/A Queensland Rail (the "Respondent") for protected action. The proposed action was a strike, intended to address issues that had arisen during negotiations between the Applicant and the Respondent. The Respondent initially objected to the application but later reached a consent position with the Applicant, leading to the decision being made without a hearing. The central legal issue for the Commission was whether the requirements of section 443(1) of the Act had been satisfied, particularly the notification time for the proposed agreement and the Applicant's genuine efforts to reach an agreement with the Respondent.

The Fair Work Commission assessed the material provided, including the statutory declaration of Danny Reeves, an official of the Applicant, who confirmed that the union had been genuinely attempting to reach an agreement with the Respondent and that the necessary notification time had been given. The Commission was satisfied that the requirements of section 443(1) of the Act had been fulfilled, and accordingly, determined that the Applicant was entitled to proceed with the proposed protected action ballot. The Commission's reasoning was based on the evidence of the Applicant's good-faith bargaining efforts and the compliance with the statutory notification requirements.

In light of the determination that the requirements for a protected action ballot were met, the Fair Work Commission issued an order permitting the ballot as requested by the Applicant. This order ensures that the union can proceed with the ballot to authorise protected action, subject to the provisions of the Act. The Commission's decision underscores the importance of fair and transparent negotiation processes and the adherence to statutory requirements in industrial relations disputes.

The final orders issued by the Commission authorised the Applicant to conduct the proposed protected action ballot among the relevant employees of Queensland Rail Transit Authority. This decision provides clarity and a lawful pathway for the union to proceed with its industrial action, should the ballot result in support for such action.

Australian Municipal, Administrative, Clerical and Services Union v Queensland Rail Transit Authority T/A Queensland Rail

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established