Australian Rail, Tram and Bus Industry Union v Central Queensland Services Pty Ltd T/A BMA

[2024] FWC 1418

[2024] FWC 1418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Rail, Tram and Bus Industry Union
v

Central Queensland Services Pty Ltd T/A BMA

(B2024/710)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 30 MAY 2024

Proposed protected action ballot of employees of Central Queensland Services Pty Ltd.

1. This is an application by the Australian Rail, Tram and Bus Industry Union (ARTBIU 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 Central Queensland Services Pty Ltd T/A BMA (BMA or Employer).

1. I note that the Australian Federated Union of Locomotive Employees (AFULE) and the Mining and Energy Union (MEU)[1] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 29 May 2024, the Commission was advised that the Employer, in effect did not object to 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 declaration of Craig Allen, Lead and Central Organiser, setting out the steps taken by the ARTBIU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with it, 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 the Australian Electoral Commission (AEC).

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 11 July 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR775497.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. That 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.

DEPUTY PRESIDENT

[1] B2024/696, B2024/702, respectively.

[2] This is, in effect, 30 working days from the making of the Order, as required by the AEC.

Printed by authority of the Commonwealth Government Printer

<PR775498>