Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd
[2012] FWA 6496
•31 JULY 2012
[2012] FWA 6496 |
|
DECISION |
Fair Work Act 2009
s.437—Protected action
Australian Rail, Tram and Bus Industry Union
v
Metro Trains Melbourne Pty Ltd
(B2012/1409)
COMMISSIONER BISSETT | MELBOURNE, 31 JULY 2012 |
Proposed protected action ballot by employees of Metro Trains Melbourne 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 Metro Trains Melbourne Pty Ltd (the Respondent). The application was made on 24 July 2012.
[2] The Respondent’s representative sought clarification from the ARTBIU regarding question 4 of the draft order, as well seeking an extension of the notice period for taking action. Following correspondence between the parties, the Respondent advised that it would not oppose the making of the order as amended by the ARTBIU.
[3] Section 443(1) of the Act states:
443 When FWA must make a protected action ballot order
(1) FWA must make a protected action ballot order in relation to a proposed enterprise agreement if:
(a) an application has been made under section 437; and
(b) FWA is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.
[4] The ARTBIU has provided a statutory declaration addressing those matters in s.443(1) of the Act.
[5] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
[6] Section 443(5) of the Act provides:
(5) If FWA is satisfied, in relation to the proposed industrial action that is the subject of the protected action ballot, that there are exceptional circumstances justifying the period of written notice referred to in paragraph 414(2)(a) being longer than 3 working days, the protected action ballot order may specify a longer period of up to 7 working days.
[7] I am satisfied that the period of written notice referred to in s.414(2)(a) should be extended to five working days in relation to any industrial action arising from the ballot.
[8] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the order must be made. The order [PR527323] is based on the amended draft order provided by the ARTBIU and is issued in conjunction with this decision.
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