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

[2013] FWC 584

[2013] FWC 584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v
Metro Tasmania Pty Ltd
(B2013/570)

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 25 JANUARY 2013

Proposed protected action ballot by employees of Metro Tasmania Pty Ltd.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (FW Act) by Australian Rail, Tram and Bus Industry Union (ARTBIU). It seeks a protected action ballot order in relation to certain employees of Metro Tasmania Pty Ltd (Employer).

[2] The Employer advised that it did not oppose the application. I have received, and rely upon a witness statement of Ms Samantha Simonetis from the ARTBIU providing information about matters relevant to s.443 of the FW Act.

[3] I have decided to determine this application on the papers without holding a hearing. I am satisfied that each of the relevant requirements of the FW Act, and s.443 in particular, have been met. Accordingly, an order must be made. An order [PR533513] based on the draft order provided by the ARTBIU will issue in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR533511>