Australian Rail, Tram and Bus Industry Union v Bombardier Transportation Australia Pty Ltd

[2022] FWC 1719

[2022] FWC 1719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v

Bombardier Transportation Australia Pty Ltd

(B2022/626)

VICE PRESIDENT CATANZARITI SYDNEY, 5 JULY 2022

Proposed protected action ballot of employees of Bombardier Transportation Australia 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 Bombardier Transportation Australia Pty Ltd (Respondent).

1. On 5 July 2022, 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 Peter James Allen of the Applicant declared on 29 June 2022, 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 PR743344.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR743345>