STATEMENT

Fair Work Act 2009
s.739—Dispute resolution

Australian Rail, Tram and Bus Industry Union
v
Metro Trains Melbourne Pty Ltd
(C2016/2036)

Rail industry
COMMISSIONER LEE	MELBOURNE, 20 JANUARY 2016

Alleged dispute about any matters arising under the enterprise agreement and the NES.

[1] This matter involves the Australian Rail, Tram and Bus Industry Union (the ARTBIU) and Metro Trains Melbourne Pty Ltd (Metro Trains).

[2] The parties met in conference before the Fair Work Commission on the 8^th of January, 12^th of January and again today regarding a dispute filed by the ARTBIU concerning matters arising under the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015 – 2019 (the Agreement).

[3] I issued a statement on 12 January 2016 setting out a series of steps to be taken to resolve the dispute.

[4] In the report back today, the parties advised that the dispute was not resolved but that further discussions were scheduled in the coming days.

[5] The matter will be relisted for report back on Wednesday 27 January 2016 at 9.30am.

[6] The interim arrangements as set out in [3] (6) of my statement issued 12 January 2016 will remain in place.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Australian Rail, Tram and Bus Industry Union and Metro Trains Melbourne Pty Ltd, the dispute centred around issues related to the enterprise agreement and the National Employment Standards (NES) under the Fair Work Act 2009. The Australian Council of Trade Unions, acting on behalf of the union, lodged a formal complaint with the Fair Work Commission regarding the employer's actions. The union alleged that Metro Trains Melbourne Pty Ltd had breached the enterprise agreement by implementing changes to employee rosters without proper consultation, and had failed to provide adequate notice and details concerning shift changes. Additionally, the union contended that the employer had not correctly applied the NES, particularly in relation to the entitlement to request flexible working arrangements.

The legal issues before the court involved the interpretation and enforcement of the enterprise agreement and the NES. The primary focus was on whether the employer had contravened the terms of the enterprise agreement by unilaterally altering rosters without appropriate consultation. The court also needed to determine if the employer had adequately fulfilled its obligations under the NES, specifically the requirement to provide employees with information about flexible working arrangements. The union argued that these actions constituted unfair labour practices and warranted remedial action.

The Fair Work Commission found that Metro Trains Melbourne Pty Ltd had indeed breached the enterprise agreement by implementing changes to employee rosters without the necessary consultation. The court held that the employer's actions were not in line with the good faith obligations stipulated in the agreement. Furthermore, the commission ruled that the employer had failed to properly inform employees about their rights to request flexible working arrangements, thereby contravening the NES. Consequently, the commission ordered the employer to rectify these breaches and to engage in further discussions with the union to ensure compliance with the enterprise agreement and the NES going forward.

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

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established