Australian Rail, Tram and Bus Industry Union v Downer EDI Rail Pty Ltd

[2021] FWC 1125

[2021] FWC 1125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v
Downer EDI Rail Pty Ltd
(B2021/124)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 2 MARCH 2021

Proposed protected action ballot of employees of Downer EDI Rail Pty Ltd.

[1] This is an application by the Australian Rail, Tram and Bus Industry Union (RTBU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Downer EDI Rail Pty Ltd (Respondent).

[2] On 2 March 2021, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the 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 PR727426.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR727425>