Australian Rail, Tram and Bus Industry Union v Pacific National (QLD) Pty Ltd

[2022] FWC 1387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Rail, Tram and Bus Industry Union

Pacific National (QLD) Pty Ltd

(B2022/510)

VICE PRESIDENT CATANZARITI

SYDNEY, 2 JUNE 2022

Proposed protected action ballot of employees of Pacific National (QLD) Pty Ltd

This is an application by the Australian Rail, Tram and Bus Industry Union, Queensland Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Pacific National (QLD) Pty Ltd (Respondent).

On 1 June 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Stef Whyte of the Applicant declared on 31 May 2022, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An Order has been separately issued in PR742252.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union, Queensland Branch, sought a protected action ballot order against Pacific National (QLD) Pty Ltd under section 437 of the Fair Work Act 2009. The application was made in response to negotiations over a proposed agreement, which the union claims it has been genuinely attempting to reach with the respondent. The Fair Work Commission was notified that Pacific National did not oppose the application, leading to the decision to proceed without a hearing. The Vice President, Catanzariti, reviewed the materials submitted, including a statutory declaration by Stef Whyte of the union, confirming the union's efforts to negotiate with the employer.

The legal issues before the Fair Work Commission involved determining whether the union had genuinely attempted to negotiate in good faith and whether the statutory notification period for the proposed agreement had been met. Additionally, the court had to assess whether the conditions for granting a protected action ballot order, as outlined in section 443(1) of the Fair Work Act, were satisfied. These conditions include the requirement that the union and employer have been attempting to reach an agreement in good faith, and that the union has complied with the notification requirements.

The Vice President concluded that the union had indeed been genuinely trying to reach an agreement with the employer, as evidenced by the statutory declaration and the steps taken during the bargaining process. Furthermore, the Vice President found that the notification period for the proposed agreement had been met and that all requirements under section 443(1) of the Fair Work Act were fulfilled. Consequently, the Vice President determined that the application for a protected action ballot order should be granted.

The Fair Work Commission issued an order allowing the Australian Rail, Tram and Bus Industry Union to proceed with a protected action ballot among the employees of Pacific National (QLD) Pty Ltd. This decision was based on the union's demonstration of good faith in negotiations and compliance with the statutory notification requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established