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

[2025] FWC 3148

[2025] FWC 3148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739 - Application to deal with a dispute

Australian Rail, Tram and Bus Industry Union
v

Metro Trains Melbourne Pty Ltd Trading AS Metro Trains Melbourne

(C2025/10234)

COMMISSIONER ALLISON MELBOURNE, 22 OCTOBER 2025

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)]

1. On Saturday 18 October 2025, I made an ex-tempore decision relating to an urgent section 739 dispute application made by the Australian Rail, Tram and Bus Union (RTBU) under the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2023 (the Agreement).

1. The dispute related to the correct operation of the status quo provision at clause 1.11.7 of the Agreement in the context of a dispute between RTBU and Metro Trains Melbourne Pty Ltd (Metro), relating to consultation about a new master roster (and its accompanying working rosters), which was to commence on 19 October 2025 (the new master roster). 

1. In summary I found: 

• There was a dispute between the parties relating to whether Metro had engaged in consultation as required by the Agreement to implement the master roster (and its accompanying work roster) on 19 October 2025 (the consultation dispute). 

• The consultation dispute is a dispute about a matter arising under the Agreement at 1.11.1(a) of the disputes procedure, and therefore the status quo provision at clause 1.11.7 applies.  

• The status quo is that employees continue to work on the current master roster (and its accompanying work rosters), as opposed to the new master roster.  

• Neither of the exceptions at 1.11.7(a) or (b) apply.  

1. Accordingly, I determined the status quo provision applies to the consultation dispute; and the status quo - being that the employees continue work on the current master roster (and its accompanying work rosters) - must continue while the consultation dispute is progressed through the dispute resolution procedure and/or until resolution.  

2. The reasons for my decision are recorded in transcript.  

COMMISSIONER

Appearances:

E Sarlos for the Applicant
P Willink for the Respondent

Arbitration details:

18 October 2025
Video via Microsoft Teams, Melbourne 

Printed by authority of the Commonwealth Government Printer

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