Australian Rail, Tram and Bus Industry Union v Adelaide Metro Operations Pty Ltd

[2023] FWC 1881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Rail, Tram and Bus Industry Union
v

Adelaide Metro Operations Pty Ltd

(B2023/767)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 1 AUGUST 2023

Proposed protected action ballot of employees of Adelaide Metro Operations Pty Ltd

This is an application by the Australian Rail, Tram and Bus Industry Union (RTBU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Adelaide Metro Operations Pty Ltd (Adelaide Metro Operations Pty Ltd or Employer).

On 31 July 2023, the Commission was advised that the Employer, in effect, did not object to the Application.

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 declaration of Mr Hayden Boyle, RTBU Branch Organiser, setting out the steps taken by the RTBU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Adelaide Metro, 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.

The ballot is to be conducted by the TrueVote Pty Ltd (TrueVote). TrueVote has recently been approved as an eligible protected action ballot agent under s 468A of the Act[1] and consequently is authorised to conduct the ballot. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 7 working days from the date of the Order (1 August 2023) has been determined by the Commission.

An order has been separately issued in PR764728.

This matter will be assigned to Commissioner Platt to conduct the s.448A conference and this Member will issue the Order requiring attendance 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] TrueVote Pty Ltd [2023] FWC 1446.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union (RTBU) filed an application with the Fair Work Commission under section 437 of the Fair Work Act 2009 seeking a protected action ballot order concerning certain employees of Adelaide Metro Operations Pty Ltd. This application was made to facilitate a ballot on proposed industrial action by the employees. The employer, Adelaide Metro Operations Pty Ltd, did not object to the application, allowing the matter to be decided on the submitted documents without a hearing. The RTBU sought the order based on their efforts to negotiate with the employer and the absence of objections from the employer.

The legal issues that the Commission needed to address included whether the notification period for the proposed agreement was met and if all the requirements of section 443(1) of the Fair Work Act had been fulfilled. The RTBU provided a declaration by Mr Hayden Boyle, the RTBU Branch Organiser, detailing the union's bargaining process with the employer and its genuine attempts to reach an agreement. The Commission was satisfied that the notification time was appropriate and that all the statutory requirements were met. Furthermore, the ballot was to be conducted by TrueVote Pty Ltd, which had been approved as a ballot agent under section 468A of the Fair Work Act.

The Commission granted the application and determined a seven-working-day ballot period starting from the date of the order. An additional order was issued in PR764728, and the matter was assigned to Commissioner Platt to conduct a section 448A conference. The Deputy President indicated that directions would likely be issued to ensure the parties were prepared for meaningful negotiations at the conference. The Deputy President then issued the order, allowing the protected action ballot to proceed as requested by the RTBU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established