Australian Rail, Tram and Bus Industry Union v Alstom Transport Australia Pty Ltd

[2018] FWC 1128

[2018] FWC 1128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v
Alstom Transport Australia Pty Ltd
(B2018/104)

DEPUTY PRESIDENT MASSON MELBOURNE, 21 FEBRUARY 2018

Proposed protected action ballot of employees of Alstom Transport Australia Pty Ltd.

[1] This is an application by the Australian Rail, Tram and Bus Industry Union (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Alstom Transport Australia Pty Ltd (the Respondent) who are to be covered by the proposed agreement and are represented by the Applicant.

[2] On 20 February 2018 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr Bryan Evans of the Applicant 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 has been separately issued in PR600611.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR600614>