Australian Rail, Tram and Bus Industry Union v Aurizon Operations Limited and Aurizon Network Pty Ltd

[2023] FWC 247

[2023] FWC 247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v

Aurizon Operations Limited and Aurizon Network Pty Ltd

(B2023/52)

VICE PRESIDENT CATANZARITI SYDNEY, 27 JANUARY 2023

Proposed protected action ballot of employees of Aurizon Operations Limited and Aurizon Network Pty Ltd

1. This is an application by the Australian Rail, Tram and Bus Industry Union, Queensland Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Aurizon Operations Limited and Aurizon Network Pty Ltd (Respondent).

1. On 25 January 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Craig Allen of the Applicant declared on 23 January 2023, 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.

1. An Order has been separately issued in PR750043.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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