Australian Rail, Tram and Bus Industry Union v Freightliner Australia Coal Haulage Pty Ltd

[2014] FWC 6979

[2014] FWC 6979

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
Freightliner Australia Coal Haulage Pty Ltd
(B2014/1428)

COMMISSIONER BULL SYDNEY, 3 OCTOBER 2014

Proposed protected action ballot of employees of Freightliner Australia Coal Haulage Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Australian Rail, Tram and Bus Industry Union (ARTBIU) for a protected action ballot order in relation to certain employees of Freightliner Australia Coal Haulage Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the ARTBIU filed a statement dated 30 September 2014 made by Mr Stephen David Wright, Locomotive Freight Organiser of the ARTBIU. Mr Wright’s statement advises that approximately 15 meetings have been held with the Employer with the intention of reaching an agreement.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the ARTBIU, that the ARTBIU has been and is, genuinely trying to reach an agreement with the Employer.

[5] An order [PR556219] based on the draft order provided by the ARTBIU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR556217>