Australian Rail, Tram and Bus Industry Union v Transit (NSW) Services Pty Ltd

[2021] FWC 6146

[2021] FWC 6146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia;
Australian Rail, Tram and Bus Industry Union
v
Transit (NSW) Services Pty Ltd;
Transit Systems West Services Pty Ltd
(B2021/990)

VICE PRESIDENT CATANZARITI SYDNEY, 18 OCTOBER 2021

Proposed protected action ballot of employees of Transit (NSW) Services Pty Ltd & Transit Systems West Services Pty Ltd

[1] This is an application by the Transport Workers’ Union of Australia (NSW Branch) and the Australian Rail, Tram and Bus Industry Union (NSW Branch) (Applicants) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Transit (NSW) Services Pty Ltd and Transit Systems West Services Pty Ltd (Respondents).

[2] On 13 October 2021, the Fair Work Commission was advised that the Respondents did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of David Babineau of the Applicant declared on 11 October 2021, setting out the steps taken by it in bargaining with the Respondents and that it has been, and is, genuinely trying to reach agreement with the Respondents, 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.

[5] An Order and Directions have been separately issued in PR734984 and PR734986 respectively

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR734985>