Australian Rail, Tram and Bus Industry Union v Queensland Rail Transit Authority T/A Queensland Rail Summary

[2023] FWC 1139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v

Queensland Rail Transit Authority T/A Queensland Rail

(B2023/421)

VICE PRESIDENT CATANZARITI

BRISBANE, 15 MAY 2023

Proposed protected action ballot of employees of Queensland Rail Transit Authority Trading As Queensland Rail

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 Queensland Rail Transit Authority T/A Queensland Rail (Respondent).

On 9 May 2023, the Fair Work Commission was advised that the Respondent objected to the application, however, the parties were able to reach a consent position.

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 Carla Jones of the Applicant declared on 5 May 2023, 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 PR761892.

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 in relation to certain employees of the Queensland Rail Transit Authority T/A Queensland Rail. The application was made under section 437 of the Fair Work Act 2009, and the matter was heard by the Fair Work Commission. The Queensland Rail Transit Authority initially objected to the application, but subsequently, the parties reached a consent position. The Vice President of the Fair Work Commission, Catanzariti, decided to determine the matter based on the documents submitted, without holding a hearing.

The legal issues in this case involved determining whether the union had genuinely tried to reach an agreement with the respondent and whether the notification time for the proposed agreement had been met. The union argued that it had taken all necessary steps in bargaining with the respondent and was genuinely trying to reach an agreement. The Queensland Rail Transit Authority initially objected to the application but later reached a consent position with the union.

After reviewing the material presented, including the statutory declaration of Carla Jones of the Applicant, the Vice President was satisfied that there was a notification time in relation to the proposed agreement and that the requirements in section 443(1) of the Act had been met. As a result, the Vice President issued an order in PR761892. The matter was resolved with the parties reaching a consent position, and no further hearing was necessary.

This decision demonstrates the Fair Work Commission's role in resolving disputes between unions and employers and ensuring that the requirements of the Fair Work Act 2009 are met. The Vice President's decision to determine the matter based on the documents submitted highlights the importance of proper documentation and communication between the parties in resolving disputes.

Australian Rail, Tram and Bus Industry Union v Queensland Rail Transit Authority T/A Queensland Rail

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established