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

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union filed a case against Alstom Transport Australia Pty Ltd in the Fair Work Commission. The union sought authorisation for a protected action ballot concerning the employees of Alstom. The dispute centred on the proposed industrial action, which included a strike, and the union's assertion that the action was necessary to protect the employees' working conditions and entitlements. The company contested the union's claims, arguing that the proposed action was not justified and would disrupt their operations significantly.

The primary legal issue before the Commission was whether the proposed protected action was in accordance with the provisions of the Fair Work Act 2009. This involved determining whether the union had met the statutory requirements for protected action and whether the action was necessary to protect the employees' interests. The Commission also had to consider the potential impact of the proposed action on the company's operations and the broader public interest.

The Fair Work Commission found that the union had adequately demonstrated that the proposed industrial action was necessary to protect the employees' interests. The Commission noted that the union had provided sufficient evidence to support its claims regarding the working conditions and entitlements of the employees. The company's arguments about the potential disruption to operations and the public interest were considered but did not outweigh the union's case. The Commission concluded that the proposed action was justified and authorised the union to proceed with the ballot.

The Commission issued an order authorising the union to conduct a protected action ballot among the employees of Alstom Transport Australia Pty Ltd. The order specified the conditions under which the ballot could be conducted and the timeframes for the process. The decision was made in favour of the union, affirming the importance of protecting employees' rights and interests in industrial disputes.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established