“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Metro Trains Melbourne Pty. Ltd. T/A Metro Trains Melbourne

[2023] FWC 2448

[2023] FWC 2448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v

Metro Trains Melbourne Pty. Ltd. T/A Metro Trains Melbourne

(B2023/1003)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 21 SEPTEMBER 2023

Proposed protected action ballot of employees of Metro Trains Melbourne Pty. Ltd (Rolling Stock).

1. This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to Rolling Stock employees of Metro Trains Melbourne Pty Ltd T/A Metro Trains Melbourne (Metro Trains or Employer). 

1. On 20 September 2023, the Commission was advised that Metro Trains, in effect, did not object to the Application as amended to provide for an extended period of notice of industrial action as addressed below.

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

1. On the basis of the material before me, including the declaration of Mr Andrew Bonello, Industrial Officer, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Metro Trains, 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.

1. The ballot is to be conducted by the Australian Electoral Commission. 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 3 November 2023.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5) of the Act, justifying a five (5) working days period of written notice for the purposes of s.414(2)(b) of the Act, when taking industrial action as defined in Questions 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.

1. An order has been separately issued in PR766471.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives involved 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] This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.

Printed by authority of the Commonwealth Government Printer

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