Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd T/A Metro Trains Melbourne
[2023] FWC 2246
•5 SEPTEMBER 2023
| [2023] FWC 2246 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437—Protected action
Australian Rail, Tram and Bus Industry Union
v
Metro Trains Melbourne Pty Ltd T/A Metro Trains Melbourne
(B2023/929)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 5 SEPTEMBER 2023 |
Proposed protected action ballot of employees of Metro Trains Melbourne Pty. Ltd
This is an application by the Australian Rail, Tram and Bus Industry Union (RTBU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Metro Trains Melbourne Pty Ltd T/A Metro Trains Melbourne (Metro Trains or Employer).
On 5 September 2023, the Commission was advised that Metro Trains, in effect, did not object to the Application as amended following discussions between the parties.
In the circumstances, I have decided to determine the matter on the papers without holding a hearing, based on the revised draft order.
On the basis of the material before me, including the declaration of Mr Vikrant Sharma, RTBU Victorian Branch Secretary, setting out the steps taken by the RTBU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Metro Trains, 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 the Vero Engagement & Voting Systems Solutions Pty Ltd T/A Vero Voting (Vero Voting). Vero Voting has been approved as an eligible protected action ballot agent under s 468A of the Act[1] 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 20 September 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.
I am satisfied that there are relevant exceptional circumstances required by s.443(5) of the Act, justifying extended periods of written notice for the purposes of s.414(2)(b) of the Act when taking certain industrial action, as set out in the Order made by the Commission.
An Order has been separately issued in PR765861.
This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. To the extent that this matter involves any additional bargaining representatives, the Commission will also issue the Order requiring their attendance 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] Vero Engagement & Voting Solutions T/A Vero Voting [2023] FWC 1531.
[2] This date was specified in the proposed order and is, in effect, eleven (11) working days from the date of the Order.
Printed by authority of the Commonwealth Government Printer
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