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

[2023] FWC 1881

[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

1. 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).

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

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 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.  

1. 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.  

1. An order has been separately issued in PR764728. 

1. 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

<PR764729>