Australian Rail, Tram and Bus Industry Union v Voestalpine Railway Systems Australia Pty Ltd Summary

[2024] FWC 3456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Rail, Tram and Bus Industry Union
v

Voestalpine Railway Systems Australia Pty Ltd

(B2024/1627)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 11 DECEMBER 2024

Proposed protected action ballot of employees of Voestalpine Railway Systems Australia Pty Ltd

This is an application by the Australian Rail, Tram and Bus Industry Union, acting through its NSW Branch (RTBU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Voestalpine Railway Systems Australia Pty Ltd (Voestalpine or Employer).

I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 11 December 2024, the Commission was advised that the Employer, in effect, did not object to the Application.

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 declaration of Matt Bindley, Organiser, setting out the steps taken by the RTBU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Voestalpine, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 27 December 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR782327.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] B2024/1591.

[2] This is, in effect, 10 working days from the making of the Order and was the period sought in the application. True Vote is operating during the period concerned.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Rail, Tram and Bus Industry Union, acting through its NSW Branch, applied to the Fair Work Commission for a protected action ballot order concerning certain employees of Voestalpine Railway Systems Australia Pty Ltd. The application was made under section 437 of the Fair Work Act 2009 and pertains to a proposed enterprise agreement. Notably, the Australian Manufacturing Workers’ Union has also applied for a ballot order concerning the same proposed agreement. The employer did not object to the application, leading the Deputy President to determine the matter on the papers without a hearing.

The court had to decide whether the requirements of section 443(1) of the Fair Work Act had been met, ensuring that all conditions for a protected action ballot were fulfilled. This included verifying that the notification period had been met and that the union had genuinely attempted to reach an agreement with the employer. Furthermore, the court considered the appropriateness of TrueVote Pty Ltd as the ballot agent and set the closing date for voting as 27 December 2024.

The Deputy President was satisfied, based on the evidence provided, that all legal requirements had been met. The decision confirmed that TrueVote was an approved ballot agent and set the closing date for the ballot. The matter will proceed to a compulsory conciliation conference, where meaningful negotiations will be expected. The Deputy President also noted that another member of the Commission would handle the conciliation conference and issue necessary orders to ensure compliance.

Australian Rail, Tram and Bus Industry Union v Voestalpine Railway Systems Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established