Australian Rail, Tram and Bus Industry Union v Queensland Rail

[2015] FWC 7941

[2015] FWC 7941

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v
Queensland Rail
(B2015/1619)

DEPUTY PRESIDENT ASBURY BRISBANE, 19 NOVEMBER 2015

Proposed protected action ballot of employees of Queensland Rail.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Australian Rail, Tram and Bus Industry Union (RTBU). The RTBU seeks a protected action ballot order in relation to certain employees of Queensland Rail (the Employer).

[2] On 18 November 2015 my Associate, at my request, wrote to the Employer requesting their view in relation to the application. The Employer has advised in writing that it does not object to the proposed orders sought by the Applicant.

[3] The Employer has requested that, pursuant to s.443(5) of the Act, the period of notice referred to in s.414(2)(a) of the Act be extended to a period of 7 consecutive days. The Employer submits that there are exceptional circumstances that would justify the extension of the notice period.

[4] I note that the draft orders proposed by the RTBU include a term that, pursuant to s.443(5) of the Act, the period of notice for the purposes of s.414(2)(b) is 7 consecutive days and on that basis I assume that the RTBU consents to the Employers request. I also note that this approach is consistent with previous protected action ballot orders involving the Employer.

[5] I am satisfied that, given the nature of the Employer’s operations, there are exceptional circumstances to justify an extension of the notice period specified in s.414(2)(a) of the Act to 7 days consecutive days.

[6] The RTBU has filed a Statement of Mr Peter Allen in support of the application. Mr Allen is an industrial officer who has responsibility for representing the industrial interests of members of the RTBU employed by the Employer.

[7] On the basis of the information contained in Mr Allen’s Statement and the application I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR574077] based on the draft provided by the RTBU will issue at the same time as this decision.

DEPUTY PRESIDENT

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