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

[2024] FWC 593

[2024] FWC 593

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

Keolis Downer Adelaide Pty Ltd

(B2024/183)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 6 MARCH 2024

Proposed protected action ballot of employees of Keolis Downer Adealide 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 Keolis Downer Adelaide Pty Ltd (Keolis or Employer).

1. On 5 March 2024, the Commission was advised that Keolis did not object to the Application as amended to reflect a period of extended notice of industrial action.  

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 Mr Hayden Boyle, Branch 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 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 the TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s 468A of the Act[1] 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 26 March 2024.[2] This also established 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), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of 5 working days applies to the items listed within Clause five (5) of the Order.  

1. An order has been separately issued in PR772088.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved 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] TrueVote Pty Ltd [2023] FWC 1446.

[2]  This is, in effect, 14 days from the date the ballot opens, as sought in the application. I note the ballot opens approximately three working days after the date of the Order.

Printed by authority of the Commonwealth Government Printer

<PR772089>