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

[2023] FWC 1138

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

(B2023/420)

VICE PRESIDENT CATANZARITI

BRISBANE, 15 MAY 2023

Proposed protected action ballot of employees of Queensland Rail Transit Authority T/A 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 PR761888.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Australian Rail, Tram and Bus Industry Union, Queensland Branch, seeking a protected action ballot order for certain employees of Queensland Rail Transit Authority T/A Queensland Rail. The application was made under section 437 of the Fair Work Act 2009. The Respondent initially objected to the application but subsequently reached a consent position with the Applicant. As a result, the Vice President determined the matter without a hearing, relying on the statutory declaration of Carla Jones from the Applicant and other documentation provided.

The primary legal issue the Commission had to resolve was whether the notification period for the proposed protected action ballot had been met, and if the requirements outlined in section 443(1) of the Fair Work Act had been satisfied. The Commission needed to consider whether the union had genuinely attempted to reach an agreement with the employer and if the necessary steps had been taken in the bargaining process.

The Vice President was satisfied, based on the evidence provided, that the union had indeed been genuinely trying to reach an agreement with the employer and that the statutory notification period had been met. The Commission concluded that the union had fulfilled the requirements under section 443(1) of the Act. As a result, the application for a protected action ballot order was granted. The Commission's decision was communicated in a separate order issued in PR761888.

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