Australian Rail, Tram and Bus Industry Union v Metro Tasmania Pty Ltd Summary

[2024] FWC 2358

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

Metro Tasmania Pty Ltd

(B2024/1122)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 3 SEPTEMBER 2024

Proposed protected action ballot of employees of Metro Tasmania Pty Ltd – Bus Operators

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 Metro Tasmania Pty Ltd (Metro Tas or Employer). The application arises in the context of negotiations to replace the Metro Tasmania Bus Operators Enterprise Agreement 2020.[1]

On 2 September 2024, the Commission was advised that the Employer, in effect, did not object to the Application.

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

On the basis of the material before me, including the declaration of Byron Cubit, Branch Secretary, 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 Metro Tas, 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.

The ballot is to be conducted by TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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

An Order has been separately issued in PR778869.

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 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] AE508911.

[2] This is, in effect, 14 calendar days from the date of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

< PR778871>

CaseChat Overview and Summary

The Fair Work Commission dealt with an application from the Australian Rail, Tram and Bus Industry Union (ARTBIU) under section 437 of the Fair Work Act 2009, seeking a protected action ballot order concerning employees of Metro Tasmania Pty Ltd (Metro Tas). The application was related to negotiations for a replacement of the Metro Tasmania Bus Operators Enterprise Agreement 2020. Metro Tasmania did not object to the application, which allowed the Deputy President to proceed with the determination on the basis of the submitted documents.

The primary legal issue for the Deputy President was whether the conditions set forth in section 443(1) of the Act had been met, considering the ARTBIU's efforts in bargaining with Metro Tasmania and the notification period for the proposed agreement. The Deputy President examined the declaration of Byron Cubit, the Branch Secretary of ARTBIU, and was satisfied that all requirements had been fulfilled. The Deputy President also confirmed that TrueVote Pty Ltd was approved to conduct the ballot as per section 468A of the Act.

The Deputy President determined that voting would close on 17 September 2024, setting the ballot period as per section 448A(2) of the Act. This date was effectively 14 days from the date of the order and aligned with the period requested in the application. The matter was subsequently assigned to another Member of the Commission to conduct a compulsory conciliation conference under section 448A of the Act. An Order was issued to mandate the attendance of all bargaining representatives in the proposed enterprise agreement at the conference, with directions likely to be issued to ensure meaningful negotiations.

Australian Rail, Tram and Bus Industry Union v Metro Tasmania Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established