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

[2024] FWC 2416

[2024] FWC 2416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v

Aurizon Operations Limited, Interail Australia Pty Ltd

(B2024/1134)

COMMISSIONER SIMPSON BRISBANE, 5 SEPTEMBER 2024

Proposed protected action ballot of employees of Aurizon Operations Limited and Interail Australia Pty Ltd.

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

1. On 4 September 2024, the Commission was advised that the Employers, in effect, did not object to the Application as amended. The Employers requested that the notice period under s.414(2)(b) was extended to 7 working days. The RTBU consented to this.

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 Leanne Holmes, Branch Secretary, setting out the steps taken by the RTBU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with them, 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 TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 16 September 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5) of the Act, justifying extended periods of written notice for the purposes of s.414(2)(b) of the Act when taking certain industrial action, as set out in the Order made by the Commission.

1. An Order has been separately issued in PR778996.

1. This matter will be assigned to a Member of the Commission to conduct the s.448A compulsory conciliation conference. The Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement 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.

COMMISSIONER

[1] The Applicant sought the ballot period close 7 calendar days from the date of effect of the Order, the Commission emailed the Parties on 5 September 2024, proposing to set the date by which voting is to close as a date which represents 7 working days from the date of effect of the Order. No objections were raised by any Party.

Printed by authority of the Commonwealth Government Printer

<PR778995>