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

[2023] FWC 2719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Australian Rail, Tram and Bus Industry Union
v

Metro Trains Melbourne Pty Ltd T/A Metro Trains Melbourne

(B2023/1113)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 18 OCTOBER 2023

Application to extend the 30 day period in relation to B2023/929

This matter concerns the declaration of the result of a protected action ballot (PR765861) held in matter B2023/929 and declared on 20 September 2023.

The Australian Rail, Tram and Bus Industry Union (RTBU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the RTBU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Metro Trains Melbourne Pty Ltd T/A Metro Trains Melbourne has advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible RTBU members employed by Metro Trains Melbourne Pty Ltd T/A Metro Trains Melbourne be extended by a further 30 days.

This order will operate on and from 18 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union (RTBU) has applied to the Fair Work Commission (FWC) to extend the 30-day period in which industrial action is authorised by a protected action ballot. The application concerns the declaration of the result of a protected action ballot (PR765861) held in matter B2023/929 and declared on 20 September 2023. Metro Trains Melbourne Pty Ltd T/A Metro Trains Melbourne, the employer, has not objected to the application. The RTBU contends that all relevant requirements have been met under section 459(3) of the Fair Work Act 2009, and that the period should be extended by a further 30 days.

The legal issues before the FWC were whether the RTBU's application met the statutory requirements for an extension of the 30-day period under section 459(3) of the Act, and if so, whether the extension should be granted. The RTBU argued that the application satisfied the conditions for an extension as set out in the Act. Metro Trains Melbourne did not oppose the application. The FWC needed to determine whether the RTBU's application complied with the statutory requirements and if the extension should be approved.

The FWC found that the RTBU's application met the statutory requirements for an extension of the 30-day period under section 459(3) of the Act. The FWC was satisfied that the period had not previously been extended and that the RTBU had made an appropriate application to the FWC. Consequently, the FWC granted the application and ordered that the 30-day period for the commencement of protected industrial action be extended by a further 30 days. The extension will take effect from 18 October 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established