Australian Rail, Tram and Bus Industry Union

[2015] FWC 8449

[2015] FWC 8449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Rail, Tram and Bus Industry Union
(B2015/1571)

COMMISSIONER SIMPSON BRISBANE, 7 DECEMBER 2015

Proposed protected action ballot of employees of Queensland Rail.

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

[2] On 4 December 2015, the Employer corresponded with the Commission advising that it objected to the proposed order in the terms sought. The proposed objection is properly described as an application that the Commission exercise its discretion under s.443(5) of the Act to extend the period of written notice referred to in s.414(2)(a) of the Act.

[3] The Employer submits that, pursuant to s.443(5) of the Act, the Commission should exercise the discretion to extend the period of notice referred to in s.414(2)(a) of the Act to a period of 7 days in respect of some of the proposed protected industrial action that may be authorised by this ballot. The Employer submits that there are exceptional circumstances that would justify the extension of the notice period. The Employer’s correspondence also advised that following discussions with the RTBU, the Employer understood that the RTBU was not opposed to the proposed extension.

[4] I am satisfied, given the nature of the Employer’s operations, combined with the proposed timing of the industrial action for which authorisation is sought by way of the ballot, that there are exceptional circumstances to justify an extension of the notice period specified in s.414(2)(a) of the Act to 7 days. I note that a number of similar applications have been dealt with by the Commission in the past few days on a similar basis.

[5] On 7 December 2015, I wrote to the parties with an amended draft order seeking to confirm that I understood the consent position between the parties correctly and proposing a number of drafting changes to the order that I intended to make. Both parties confirmed that they consented to the order being issued in the amended terms.

[6] On the basis of the information contained in the application, and the further correspondence of the Employer, 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 [PR574789] based on the amended draft order provided consented to by the parties will issue at the same time as this decision.

COMMISSIONER

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<Price code A, PR574788>