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

[2024] FWC 3273

[2024] FWC 3273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union
v

Sydney Trains and NSW Trains

(B2024/1533)

DEPUTY PRESIDENT CLANCY MELBOURNE, 26 NOVEMBER 2024

Proposed protected action ballot of employees of Sydney Trains and NSW Trains

1. This is an application by the Australian Municipal, Administrative, Clerical and Services Union Union (ASU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Sydney Trains and NSW Trains (the Employers).

1. On 22 November 2024, the Commission was advised that the Employer, in effect, did not object to the Application, as amended following discussions between the parties.[1]

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

1. On the basis of the material before me, including the declaration of Jan Primrose, Deputy Secretary, setting out the steps taken by the ASU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with it, I am satisfied that there is a notification time in relation to the proposed agreement and that all of  the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 10 December 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of 7 working days applies to the items listed within Clause five (5) of the Order.

1. I have determined to make the Order separately issued in PR781648, having considered the draft order filed with the application by the ASU.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] The Respondent requested the inclusion of a Period of Extended Notice and slight amendments to the questions listed at clause 5 of the Order. The Applicant subsequently confirmed they were comfortable with the proposed amendments.

[2] This is, in effect, 10 working days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

<PR781650>