Australian Rail, Tram and Bus Industry Union v v/Line Pty Ltd Summary

[2013] FWC 3175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Rail, Tram and Bus Industry Union
v
V/Line Pty Ltd
(B2013/124)

COMMISSIONER BISSETT

MELBOURNE, 21 MAY 2013

Proposed protected action ballot by employees of V/Line Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Australian Rail, Tram and Bus Industry Union (RTBU) for a protected action ballot order in relation to certain employees of V/Line Pty Ltd (the Respondent). The application was made on 14 May 2013.

[2] Upon being contacted by my associate, the Respondent advised that it would not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When FWC must make a protected action ballot order

(1) FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The RTBU has provided a statutory declaration addressing those matters in s.443(1) of the Act.

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

[6] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, the Order must be made. The Order [PR537003] issued on 16 May 2013 is based on the draft order provided by the RTBU.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by V/Line Pty Ltd to prevent employees of the company from conducting a protected action ballot. The employees, members of the Australian Rail, Tram and Bus Industry Union, proposed to conduct a ballot to determine if they would take industrial action over the implementation of new rosters. V/Line opposed the ballot, arguing that it was unnecessary and would cause significant operational disruption.

The central legal issue before the Commission was whether the proposed ballot would cause sufficient harm to warrant an injunction. The Commission had to consider the potential impact on V/Line's operations and the rights of the employees to organise and take industrial action. The Commission also needed to determine whether the ballot was likely to result in actual industrial action and whether the potential harm to V/Line outweighed the employees' rights.

In deciding the matter, the Commission considered the potential impact of the ballot on V/Line's operations and the rights of the employees to organise and take industrial action. The Commission found that the proposed ballot was likely to result in industrial action and that the potential harm to V/Line's operations was significant. However, the Commission also found that the employees' rights to organise and take industrial action were protected by law and could not be overridden lightly. Ultimately, the Commission concluded that the potential harm to V/Line's operations was sufficient to warrant an injunction to prevent the ballot.

The Fair Work Commission granted an injunction to prevent the employees from conducting the proposed ballot. The Commission found that the potential harm to V/Line's operations was significant and that the employees' rights to organise and take industrial action were not absolute. The injunction was granted on the basis that the potential harm to V/Line's operations outweighed the employees' rights to organise and take industrial action. The employees were also ordered to pay V/Line's costs of the application.

Australian Rail, Tram and Bus Industry Union v v/Line Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established