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

[2015] FWC 7944

[2015] FWC 7944

The attached document replaces the document previously issued with the above code on 19 November 2015

Date issued corrected

Nahum Moreau

Associate to Deputy President Asbury

Dated19 November 2015

[2015] FWC 7944

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
(B2015/1620)

DEPUTY PRESIDENT ASBURY BRISBANE, 19 NOVEMBER 2015

Proposed protected action ballot of employees of Queensland Rail Transit Authority.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australian Municipal, Administrative, Clerical and Services Union (ASU). The ASU seeks a protected action ballot order in relation to certain employees of Queensland Rail (the Employer).

[2] On 18 November 2015 my Associate, at my request, wrote to the Employer requesting their view in relation to the application. The Employer has advised in writing that it does not object to the proposed orders sought by the ASU.

[3] The Employer has requested that, pursuant to s.443(5) of the Act, the period of notice referred to in s.414(2)(a) of the Act be extended to a period of 7 consecutive days. The Employer submits that there are exceptional circumstances that would justify the extension of the notice period.

[4] I note that the draft orders proposed by the ASU include a term that, pursuant to s.443(5) of the Act, the period of notice for the purposes of s.414(2)(b) is 7 consecutive days and on that basis I assume that the ASU consents to the Employers request. I also note that this approach is consistent with previous protected action ballot orders involving the Employer.

[5] I am satisfied that, given the nature of the Employer’s operations, there are exceptional circumstances to justify an extension of the notice period specified in s.414(2)(a) of the Act to 7 days consecutive days.

[6] The ASU has filed a Statement of Mr James William Mattner in support of the application. Mr Mattner is a senior industrial officer who has responsibility for representing the industrial interests of members of the ASU employed by the Employer.

[7] On the basis of the information contained in Mr Mattner’s Statement and the application I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR574087] based on the draft provided by the ASU will issue at the same time as this decision.

DEPUTY PRESIDENT

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<Price code A, PR574085>