Australian Municipal, Administrative, Clerical and Services Union v Sydney Trains

[2021] FWC 5159

[2021] FWC 5159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
Sydney Trains; NSW Trains T/A NSW TrainLink
(B2021/685)

VICE PRESIDENT CATANZARITI SYDNEY, 20 AUGUST 2021

Proposed protected action ballot of employees of Sydney Trains and NSW Trains T/A NSW TrainLink.

[1] 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 Sydney Trains and NSW Trains T/A NSW TrainLink (Respondents).

[2] On 18 August 2021, the Fair Work Commission was advised that the Respondents did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Amanda Perkins of the Applicant declared on 16 August 2021, 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.

[5] An Order and Directions have been separately issued in PR733007 and PR733010 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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