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

[2024] FWC 2113

[2024] FWC 2113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

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

Sydney Trains and NSW Trains

(B2024/1010)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 9 AUGUST 2024

Proposed protected action ballot of employees of Sydney Trains and NSW Trains

1. This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU 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 Sydney Trains and NSW Trains (collectively, the Employers).

1. I note that the Australian Rail, Tram and Bus Industry Union (ARTBIU)[1] has made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

1. On 8 August 2024, the Commission was advised that the Employer, in effect, did not object to the Application as amended. I observe that the parties reached an agreement in relation to the provision of extended notice of industrial action that is reflected in the Order made in this matter and consistent with that operating in the related application.

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 Robyn Fortescue, Assistant State Secretary, setting out the steps taken by the AMWU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with them, 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 Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. 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 30 August 2024.[2] 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), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of 7 working days applies to the items listed within Clause 5 of the Order. 

1. An Order has been separately issued in PR778143.

1. 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] B2024/914.

[2] This is, in effect, 15 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

<PR778144>